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2008 - 2010 The People's Restaurant, Inc | Content Available Under
Creative Commons License Where Indicated | Patent Pending
Terms Of Use
LIMITED LIABILITY AND DISCLAIMERS
The People’s Restaurant, Inc., doing business as BookOfCooks (“We”, “Us”, “Our”), is a facilitator of services – not a provider of services or prepared food. More specifically, We have created a marketplace for prepared food by bringing together customers and cooks from all geographic locations, backgrounds and ethnicities. We enable potential customers to search for suitable cooks within defined geographic locations and to contact these cooks for the purpose of buying and selling prepared food services.
It is important for you to understand that We do not screen any of Our site Users. Nor do We determine which foods, ingredients or their level of food quality that should be made available for sale through the site. As such, the responsibility is wholly yours to take the necessary measures to protect your health and safety. This is especially important when you plan on a face-to-face meeting with another site User. We cannot assure the good intention of any site User.
Likewise, We are not in a position to identify the ingredients that may cause allergic reactions for those with food allergies. We merely are a facilitator, bringing together cooks and those wishing to purchase prepared food services. Site Users concerned with food allergies need to be aware of this risk and must understand that We in no way screen the ingredients, health factors, or quality of any prepared food offered through the site, www.bookofcooks.com.
You understand and acknowledge that (i) We do not control or endorse any cook, or accept responsibility for any prepared food, its quality, or any physical harm such prepared food may cause; (ii) any dealings you may have with Site cooks or buyers are at your own risk; We will not be liable for any physical injury, or any other loss whatsoever, resulting from you dealings with other site Users, including as a result of face-to-face meetings with site cooks; (iii) We will not be liable or responsible for any prepared food or services offered by Site Users that is unhealthy or that is the cause of any injury. We cannot possibly monitor the quality, nutritional and health factors associated with food prepared by the site cooks; (iv) the sale and distribution of food, and especially prepared food, may be governed by various international, federal, state and local laws and regulations. It is YOUR responsibility to ensure that you comply with these laws and regulations at all times! In addition, federal, state and local regulations mandate that food to be sold retail be prepared on commercial kitchens or at the client's premises. Users who want to use the Site to offer or sell food agree to research and comply with these city, state and local laws and obtain any necessary licenses or permits when required. That we facilitate transactions in your geographic location should in no way be taken as an endorsement of legality. It is up to you to conduct the necessary research and ensure compliance with relevant laws and regulations. We reserve the right to hold you liable, and you understand that you will indemnify Us, for any loss We may experience as a result of your violation of any laws or regulations. You hereby grant to Us the unlimited right and permission to comment publically (on one of our forums or blogs, for example) on your profile and services. You will have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any such use.
ABOUT THIS WEBSITE
www.bookofcooks.com creates and facilitates a prepared food marketplace, where sellers (cooks) and buyers may be introduced to one another in an efficient and organized system. Please click here to learn more:
http://beta.bookofcooks.com/about/
ACCEPTANCE OF TERMS
The People's Restaurant, Inc, a Delaware corporation (“Company”), makes this website, www.bookofcooks.com, (the “Site”), including all information, documents, communications, profiles, files, text, graphics, software, products and services available through the site (collectively, the “Materials”) and all services operated by Company and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Company may publish from time to time (collectively, the “Terms of Use”). By accessing or using this Site in any way, including, without limitation, use of any of the Services, conducting cook profile searches, creating cook profiles, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use. Company reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.
DEFINED TERMS
Fll user-supplied information, profiles, recipes, advice, articles, materials, files, communications, and documents are referred to collectively as “User Content.” “Company Content” means all Materials provided by The People’s Restaurant, Inc. User Content and Company Content may have different restrictions and conditions associated with them.
TYPES OF USERS
This website accommodates two types of BookOfCooks users: (1) “Site Visitors” who wish to conduct profile searches on the Site or who merely wish to browse the Site Materials; and (2) “Users” who register on the Site by completing the sign-up process. Please be aware that certain activities on this Site and much of the Materials are available only to registered Users. Once a User, you will be provided access to create a cook profile. Cook profiles are visible to Site Visitors and Users, and enables the profile-maker to gain visibility and make his or her services available to the public. The terms and conditions expressed in this agreement apply to all Site Visitors and Users.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Company does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. In addition to the Materials and Services offered by Company, this Site may also make available materials, information, recipes, advice, and services provided by third parties and Users (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold Company responsible or liable with respect to the Third Party Services or seek to do so. Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Company Content and User Content available on this Site subject to the following conditions:
TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Company or other third parties. You are not permitted to use the Marks without the prior written consent of Company or such third party that may own the Marks.
LICENSE TO COMPANY FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content, such as the cook profiles. Depending upon the nature of the Service, by submitting User Content to this Site you grant Company the following license:
For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Company a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Company the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other Users’ enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity or profile; not to use or attempt to use another’s account, password, service, or system without authorization from Company; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Company reserves the right, in its sole discretion, to delete or remove User Content from the Site, including in any of the cook profiles, and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Company will have no liability related to User Content. Company disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content including any profiles.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Company or you and a third party with respect to such party’s materials or services, www.bookofcooks.com, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Company makes no warranty that (i) the Services and Materials, including any prepared food provided by a Site cook, will meet your requirements; (ii) the Services and Materials on www.bookofcooks.com will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials, including any searches conducted by Users to locate local cooks, will be effective, accurate, or reliable; (iv) the quality of any prepared foods, Services, or Materials obtained or accessible by you through the Site or any of the Site’s cooks will meet your expectations. This Site could include technical or other mistakes, inaccuracies, or typographical errors. Company may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Company makes no commitment to update such Materials or Services. You understand and acknowledge that (i) Company does not control, endorse, or accept responsibility for any products, or services offered by the Site Users Site, including, without limitation, any prepared food offered or provided by a Site cooks; (ii) Company makes no representation or warranties whatsoever about any Site User, including Site cooks, their prepared food, products, or services; (iii) any dealings you may have with Site cooks or buyers are at your own risk; and (iv) Company shall not be liable or responsible for any prepared food or services offered by Site Users that is unhealthy or is the cause of injury. Company cannot possibly monitor the quality, nutritional and health factors associated with food prepared by all the Site cooks, and as such Company cannot take responsibility for such prepared food. Likewise, any in-person meeting between Site Users is done at your own risk. Company does not screen the Site Users and therefore cannot take responsibility for the integrity of its Users. Please take reasonable safety precautions when meeting Site Users in-person.
You understand that the sale and distribution of food, and especially prepared food, may be governed by various international, federal, state and local laws and regulations. It is YOUR responsibility to ensure that you comply with these laws and regulations at all times. That Company facilitates transactions in your geographic location should not be taken as an endorsement of legality. It is up to you to conduct the necessary research and ensure compliance with relevant laws and regulations. Company reserves the right to hold you liable, and you understand that you will indemnify Company, for any loss Company may experience as a result of your violation of any laws or regulations.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Company assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Company or any Site User shall create any warranty not expressly stated in these Terms of Use.
PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others.
http://beta.bookofcooks.com/privacy/
LIMITATION OF LIABILITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, the actions of any Site User, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Company from its offices within the state of Virginia, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof. Subject to the Arbitration Clause, you and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Virginia with respect to such matters. Any dispute relating in any way to your visit to this Site shall be submitted to confidential binding arbitration in Arlington County, Virginia, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Virginia, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.