TERMS OF USE - Recipeshare.ca

Effective as of March first 2007

This Web site, currently located at RECIPESHARE.CA, as well as all services related to this Web site (collectively, the “Site”) is provided by RecipeShare Canada Inc. (RSCI) The terms and conditions set forth in this terms of use notice (“Terms of Use”) shall govern and apply to your visit to and use of the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, in whole or in part, please do not use this Site.

General

We reserve the right to discontinue or change any feature or content of the Site, or change, impose, or modify the terms and conditions of these Terms of Use. Depending on the nature of the change, we will either announce the change on the home page of the Site or provide a notice via e-mail to Members or concerned individuals, customers, and others who provide us with their e-mail address. By continuing to use the Site following an announcement of any change, you will be deemed to have agreed to such change. You agree to review these Terms of Use periodically to be aware of such changes or revisions.

Submissions

By submitting, offering or disclosing a recipe, or any type of content (text or image) and other information, content or material, or other item  to RECIPESHARE.CA, either online or offline and whether or not solicited by RECIPESHARE.CA, you hereby grant to RECIPESHARE.CA an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party.

You hereby represent and warrant that you have all necessary right, power and authority to grant the license set forth herein to your submitted Item, and your submitted Item does not violate trade secret, trademark or other intellectual property right of any third party. You will take, at RECIPESHARE.CA  expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by RECIPESHARE.CA to effect, perfect and confirm the license granted to RECIPESHARE.CA to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of RECIPESHARE.CA and RECIPESHARE.CA is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by RECIPESHARE.CA, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant RECIPESHARE.CA the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.

Site Conduct

The Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. You may not post or transmit any material or content on the Site that violates or infringes in any way upon the rights of others or solicits, encourages, or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state, or federal law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site.

You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to Web site or online services which are competitive with us and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or posts that express or imply that any statements you make are endorsed by us, without our prior written consent.

Information, including personally identifiable information that is posted on the Share section of the Site will be accessible to other Members participating in Share. Making this information available on the Site may result in a Member receiving “spam” or unsolicited e-mail.

Copyright©2007 RecipeShare Canada Inc. All rights reserved. This Site and the contents of the Site are intended for your personal and non-commercial use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, images, logos, music and sound (collectively, the “Site Content”). This Site is protected by copyright as a collective work, pursuant to Canada copyright laws, international conventions, and other copyright laws. RSCI and third party content providers also own copyrights in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You may download or copy one copy of the Site Content for personal, non-commercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made.

Copyright Infringement Claims

If you believe that any material or content posted on the Site constitutes copyright infringement, please forward the information to the Copyright Agent named below (a “Notice”):

• Your and email address and telephone number;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

e-mail: INFO@RECIPESHARE.CA

Third-Party Content

The Site contains content supplied by parties other than us. Any opinions, statements, advice, judgments, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Your use of certain services on the Site may be governed by additional rules, which shall be available on the Site. By using any service you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.

Third Party Sites

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from this Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites.

Monitoring

We shall have the right, but not the obligation, to monitor the content of the Site, including Share, to determine compliance with these Terms of Use and any other operating rules established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site that we find to be in violation of these Terms of Use or is otherwise objectionable or stale, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors, and to comply with legal obligations or governmental requests. Notwithstanding these rights or obligations of RSCI, you shall remain solely responsible for any information that you post, transmit or otherwise make available on or through the Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the Site.

Indemnification

You agree to defend, indemnify, and hold harmless RSCI, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of these Terms of Use by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defence of any claim at its own cost. You shall not settle any claim that affects us without our prior written approval.

Security

We take reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. We use Secured Socket Layers encryption for the transmission of data to our servers during member sign in and order check out. Despite these efforts, however, we may be unable to prevent and shall not be responsible for unauthorized access to such information by third parties.

Member Sign In

In order to use the Site to its better usage, we encourage you to become a Site member (“Member”). If you decide to become a Member, you agree to provide current and accurate information about yourself as asked by the registration form, maintain and update your information, , and comply with these Terms of Use. You may update your membership information by visiting the Member section of the Site, or by e-mailing our customer support at info@RECIPESHARE.CA. You acknowledge that if any information provided by you is inaccurate, we reserve the right, to suspend or terminate your membership.

As part of the membership sign in process, you will be asked to select a Member Name and password. You may not choose a Member Name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any Member Name in our sole discretion. You agree not to transfer or resell your use of or access to the Site or permit anyone else whose account or membership was suspended or terminated to use the Site through your account, Member Name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information, and immediately notify us by emailing us at members@RECIPESHARE.CA. You are solely responsible for maintaining the confidentiality of your Member Name and password for any and all activities (including purchases) that are conducted through your account.

Linking To Our Site

If you are interested in linking to our Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to info@RECIPESHARE.CA.