Terms and Conditions

Welcome to The Cookery ("Cookery"). These Terms of Service (“Terms”) govern your use of Cookery's websites, services, and products (collectively, “Products”). Please read these Terms and the Privacy Policy carefully before using the Products. The Privacy Policy is incorporated by reference into these Terms, and these Terms and the Privacy Policy together are referred to as this “Agreement.”

1. Usage of Cookery.

Cookery hereby grants you a non-exclusive, non-transferable, worldwide license to use our Products subject to these Terms. All rights, not expressly granted to you, are reserved by Cookery.

Any use or access of our Products by anyone under the age of 13 is prohibited.

By using Cookery's Products, you agree to this Agreement; if you do not agree, do not use the Products.

In a nutshell

We have some great products. You are welcome to use them, but you need to be at least 13 years old to use them. By using Cookery, you automatically agree to these terms and our Privacy Policy.

2. Modifications.

This is version 1.0 of our Terms. Effective date is January 20th, 2017.

The Cookery reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time. The most current version will be posted on https://thecookery.co/terms. It is your responsibility to check these Terms periodically for changes. If changes occur, we will notify you by email. Your continued use of our Products following the posting of changes will mean that you accept and agree to the changes.

In a nutshell

We'll send you an email when we change these terms or the privacy policy.

3. Your Content.

a. User content.

Cookery enables you to create new recipes or modify and refer to existing recipes. Also, Cookery allows you to post content such as photos, comments, links, etc. related to those recipes. Anything that you create, post, or make otherwise available on Cookery is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you make available on Cookery.

In a nutshell

If you save recipes on Cookery, they belong to you. Others can view, save, and start working with your recipes.

b. Usage of your content.

You grant Cookery and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, save, store, modify, reproduce, display, create derivative works, perform, and distribute your User Content on Cookery solely for the purposes of operating, developing, providing, and using our Products. Nothing in these Terms shall restrict other legal rights Cookery may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

In a nutshell

Others can create and modify copies of the recipes you save.

c. How long we keep your content.

Following deactivation or termination of your account, or if you remove any User Content from Cookery, we may retain your User Content for a reasonable period of time for archival, backup, or audit purposes. Furthermore, Cookery and our users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have saved or shared through Cookery.

In a nutshell

Your recipes will continue to delight other users who saved or copied them even after you deleted them.

d. Inadequate content.

By using our Products you agree to not posting inadequate content. This includes and is not restricted to content that is hateful, abusive, threatening, profane, or otherwise objectionable. You agree to use cookery for cooking-related content only. Cookery reserves the right, but has no obligation, to pre-screen, review, flag, filter, modify, refuse, or remove any or all content or account at Cookery's sole descretion.

In a nutshell

Use Cookery for cooking-related things only. If you repeatedly post content that is not related to cooking, we might suspend your account.

e. Proprietary material.

Our Products-related, designs, logos, trademarks, text, editorial content, data, formatting, graphs, graphics, user interfaces, visual interfaces, photographs, artwork and computer code, HTML, “look and feel,” software layout, music, sounds, images, software, videos, designs, typefaces and other content (collectively, the "Proprietary Material") is owned, controlled or licensed by or to Cookery and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Products without Cookery’s express prior written consent.

In a nutshell

If you want to build similar products to Cookery, you are welcome to get inspired by us, but please do not steal from our products.

4. Termination.

You agree and acknowledge that Cookery may, at its sole option, terminate this Agreement without cause at any time. You may cancel this Agreement at any time by deleting your account in the account. Upon termination, you continue to be bound by Sections 3 of these Terms.

In a nutshell

You can stop working with us at any time, but we also reserve the right to stop working with you.

5. Intellectual property.

Cookery respects the intellectual property of others and expects you to do the same. Cookery responds in its reasonable discretion to notices of alleged copyright infringement if they comply with the law, including the Digital Millennium Copyright Act, of 1998 (“DMCA”), and reserves the right to remove the challenged Content from Cookery or terminate the accounts or access to our Products of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you are a copyright owner (or their agent) and believe that your work has been used in a way on our Products that infringes your rights, please send us a DMCA compliant notice by email to: hello@thecookery.co.

In a nutshell

We respect intellectual property of others and expect you to do so too.

6. Security.

You are solely and fully responsible for maintaining the security of your account information and all activities that occur under your account. If you suspect any unauthorized use of your account, you will contact Cookery as soon as reasonably practicable. You represent and warrant that.

In a nutshell

You are responsible for your account. You have to contact us if you think your account is being abused by someone else.

7. Indemnification.

If you use our Products for commercial purposes, you agree to protect, defend, indemnify and hold harmless Cookery, its owners, officers, directors, agents, employees and representatives from and against any and all claims, losses, liabilities, causes of action, judgments, penalties, costs, damages and expenses - including attorneys' fees, litigation costs and expenses - incurred by us, including, without limitation, any claim for personal injury or property damage arising from or related to your violation of: (a) this Agreement, including the representations and warranties made herein; (b) any rights of a third party right through your use of our Products; (c) your collection, storage or use and/or transfer of data; or (d) any applicable law or government regulation.

In a nutshell

If you are using Cookery for your business and we are sued because of something your business does on Cookery, you have to pay our costs.

8. Representations and Warranties.

You represent and warrant that you have the legal power and authority to enter into this Agreement. Also, you represent and warrant that:

  1. you have not falsely identified yourself nor provided any false information to gain access to our Products;
  2. you will at all times during the term of this Agreement comply with the terms of this Agreement;
  3. you are and will at all times during the term of this Agreement comply with any applicable domestic or international laws, including without limitation laws, rules and regulations related to intellectual property and privacy;
  4. you are not accessing and have not accessed our Products to commit illegal acts or violate any provisions of this Agreement;
  5. you will not use the Services to: (i) post, email, or otherwise transmit any information that contains anything unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm Cookery or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) post, email, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of unauthorized solicitation; (vii) post, email, or otherwise transmit any material that contains software viruses 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; (viii) interfere with or disrupt the Products or servers or networks connected to our Products, or disobey any requirements, procedures, policies or regulations of networks connected to our Products; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) collect or store personal data about other users in a way that violates applicable law.
  6. you are responsible for any use, and activity incurred by you and any other users under your account.

You acknowledge that your breach of these representations and warranties shall entitle Cookery to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and its attorneys' fees and costs.

In a nutshell

Use Cookery to do good and not to harm anybody or post bad stuff.

9. Governing law and jurisdiction.

This Agreement will be governed by and in accordance with laws of the State of California. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Products will lie in the state and federal courts located in San Francisco, California, regardless of choice of law rules. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

In a nutshell

"If you're going to San Francisco. Be sure to wear some flowers in your hair." We love peace, but if you really think you have to sue us, you need to do it in San Francisco.

10. General terms.

a. Notice.

By using the Products, you consent to receiving electronic communications from Cookery. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal requirements for written communication.

b. Severability.

Should any provision of these Terms be held invalid void, or otherwise unenforceable, that provision shall be deleted, but all other provisions, as well as the remaining portion (if any) of the invalid, void or unenforceable provision, shall continue in full force and effect.

c. Non-Waiver.

Failure or neglect by Cookery to enforce any of the provisions of these Terms shall not be construed or deemed a waiver of its rights nor shall this affect the validity of the whole or any part of these Terms, nor prejudice Cookery’s rights to take subsequent action.

d. Assignment.

You may not assign this Agreement without Cookery’s prior written approval. Cookery may assign this Agreement without your consent.

e. Entire Agreement.

This Agreement, which includes the Privacy Policy, constitutes the entire agreement, and supersedes all prior or contemporaneous oral or written understandings and agreements concerning the subject matter of this Agreement.

In a nutshell

We write legal notices via email. Please write us an email too if you have any questions on this.

Contact us

Please feel free to contact us with any questions or concerns at hello@thecookery.co.