Author means a User who creates and uploads Content to the Platform.
Content means a recipe, blog post, technique article or any other piece of User generated content that is uploaded to the Platform.
CooklyBookly (including “us”, “we” and “our”) means CooklyBookly Ltd., with a registered address at 29 Wood Street, Stratford upon Avon, CV37 6JG, United Kingdom.
Platform means the CooklyBookly Internet based software applications.
Terms means these terms and conditions.
User (including “you” and “your”) means a person who accesses the Platform.
Access to and use of the Platform
Your access to and/or use of the Platform and/or the Content constitutes your acceptance of these Terms. You are responsible for your use of the Platform and/or the Content in accordance with these Terms and with any applicable laws, rules and regulations to which you are subject.
You may use the Platform and/or Content only in compliance with these Terms.
Registration obligations and passwords
Access to certain Content and functionality on the Platform may require you to establish an account with CooklyBookly.
You may never use another User’s account without permission. In consideration of your use of the Platform, you agree (a) that information you supply will be true, accurate, current and complete, and (b) to maintain and promptly update your information to keep it true, accurate, current and complete.
You are responsible for safeguarding any password that you use to access the Platform and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to (a) notify CooklyBookly of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session.
In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (a) the online conduct of such User; (b) controlling the User’s access to and use of the Platform and/or Content; (c) the consequences of any misuse by such user and (d) ensuring that such user abides by all the Terms as regards that user’s use of the Platform and/or the Content as if that user’s access and use of the Platform and/or Content is you.
CooklyBookly requires that the parents, guardian, or other authorized adult of a minor under 16 years of age affirmatively consent to the opening of and use of an account by such minor. CooklyBookly reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized adult upon such adult’s request.
Privacy and use of personal information
The use of the Platform may involve you uploading recipes, blog posts or other Content to the Platform. If you do so, you agree that your Content is available to be published by the Platform to other Users of the Platform and you represent and warrant that you have all the rights, power and authority necessary with respect to the Content you upload to the Platform.
All Content is the sole responsibility of the person who uploads the Content. We may not monitor or control the Content posted to the Platform and we cannot and will not accept any responsibility for any such Content. All Content must comply with these Terms and with the laws and regulations of any country and/or state in which such Content is accessible or used. You agree that you will indemnify CooklyBookly and its directors, officers and employees for any losses, liabilities or damages that it or they may suffer or incur arising from any Content which you submit, post or display.
Any use or reliance on any Content posted via the Platform or obtained by you through the Platform is at your own risk.
The Author retains the copyright to all Content uploaded.
Use of Content by CooklyBookly
By uploading Content to the Platform, an Author grants CooklyBookly an automatic, worldwide, perpetual, non-exclusive, royalty-free, right to publish that Content. The Author is free to publish any Content on other Platforms and to other media unless explicitly prohibited from doing so in a separate, written agreement between the Author and CooklyBookly.
Unless prohibited by a separate agreement between the Author and CooklyBookly, the Author may remove Content which they have posted to the Platform at any time. In such circumstances CooklyBookly will no longer display that Content on the Platform except that where a reference or link to such Content from other Content on the Platform already exists the Platform may continue to display the Content via such reference or link but will not otherwise permit the Content to be discovered or displayed in search listings.
You agree that other Users of the Platform may reference and link to your Content from within and from outside the Platform in any way they choose.
CooklyBookly respects the intellectual property rights of others and expects Authors to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your Content has been copied in a way that constitutes copyright infringement, you should immediately notify CooklyBookly so that appropriate action may be taken. You may notify us by either (a) emailing firstname.lastname@example.org or (b) pressing the button provided in the Platform, which appears in the top toolbar of any piece of Content.
Acceptable Use Policy
Content submitted, posted or displayed via the Platform is subject to our Acceptable Use Policy. This Policy can be found in the Legal section at https://docs.cooklybookly.com.
We reserve the right to remove Content alleged to be infringing this Policy without prior notice, at our sole discretion, and without liability to you. If this happens we will notify you after the event.
End User Support and Maintenance
Strictly without prejudice to limitations of liability contained in these Terms, and while Platform is provided on an “As Is” and “As Available” basis, CooklyBookly may choose, without obligation, to respond to support requests and to seek to address and rectify reported issues.
Users requiring support may (a) use the support button that can be found in the bottom right corner of the Platform application or (b) emailing email@example.com.
CooklyBookly provides all system maintenance free of charge. Feature and maintenance updates are delivered to Users automatically and may occur at any time. Users may need to reload the CooklyBookly application by pressing the refresh button in the browser.
We may immediately and without prior notice suspend or terminate your account or cease providing you with access to all or any part of the Platform at any time for any reason, including, but not limited to, where we believe: (a) you have violated these Terms or any of our Policies, (b) you create risk or possible legal exposure for us, (c) our provision of the Platform is no longer commercially viable, and (d) you are in breach of payment terms in relation to any subscription fee. If you stop using the Platform for more than 12 months, we reserve the right to delete your account and all data contained within it.
Disclaimers and limitations of liability
Please read this Section carefully since it limits the liability of CooklyBookly and its parents, subsidiaries, affiliates, related companies, and each of their respective officers, directors, employees, agents, representatives, partners, shareholders and/or licensors (collectively, the “CooklyBookly Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Platform is provided “AS-IS”
Your access to and use of the Platform and/or any Content is at your own risk. You understand and agree that the Platform and/or Content are provided to you on an “As Is” and “As Available” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, COOKLYBOOKLY, ON ITS OWN BEHALF ON ON BEHALF OF ALL COOKLYBOOKLY ENTITIES, DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the CooklyBookly Entities or through the Platform, will create any warranty not expressly made herein.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that the CooklyBookly Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, Platform, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the CooklyBookly Entities of such websites or resources or the content or services available from such websites or resources. You acknowledge and accept sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOKLYBOOKLY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM AND/OR CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON, THROUGH, OR ASSOCIATED WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COOKLYBOOKLY ENTITIES EXCEED THE AMOUNT YOU PAID COOKLYBOOKLY, IF ANY, IN THE PAST SIX MONTHS FOR THE PLATFORM AND/OR CONTENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT COOKLYBOOKLY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The failure of CooklyBookly to enforce any right or provision of these Terms will not be deemed a waiver of them.
These Terms, the Policies referred to in these Terms and the terms of any written separate agreement you have entered into with CooklyBookly are the entire and exclusive agreement between CooklyBookly and you regarding the Platform and/or the Content and your use of the same and supersede and replace any prior agreements between CooklyBookly and you regarding the Platform and/or the Content and your use of it. Other than the CooklyBookly Entities, no other person or company will be third party beneficiaries to the Terms.
Notwithstanding the foregoing, nothing in these Terms or the Policies referred to herein limits your rights under (a) applicable laws or regulations to the extent prohibited by such laws or regulations. In the event of any conflict between these Terms or any policies referred to in them and any written agreement you have entered into separately with CooklyBookly, the terms and conditions of that separate written agreement shall prevail.
These terms are governed by English law and the exclusive jurisdiction of the courts of England.
We may revise these Terms from time-to-time, the most current version will always be at the referenced link. If the revision, in our sole discretion, is material we will notify you through the Platform or through the email associated with your account. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.
The Platform is operated and provided by CooklyBookly Ltd., with a registered address at 29 Wood Street, Stratford upon Avon, CV37 9JG, United Kingdom.
If you have any questions about these Terms, please email firstname.lastname@example.org.
Effective: September 1st, 2019