These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Recipe Fund (“we,” “us” or “our”), concerning your access to and use of the www.recipefund.com web Site as well as any other media form, media channel, mobile web Site or mobile application related, linked, or otherwise connected thereto (collectively, the “Web Site”).
You agree that by accessing the Web Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Web Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Web Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Web Site after the date such revised Terms and Conditions are posted.
The information provided on the Web Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1. INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Web Site is our proprietary property and all source code, databases, functionality, software, web Site designs, audio, video, text, photographs, and graphics on the Web Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
- The Content and the Marks are provided on the Web Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Web Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Provided that you are eligible to use the Web Site, you are granted a limited license to access and use the Web Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Web Site, the Content and the Marks.
- As a user of the Web Site, you agree not to:
- systematically retrieve data or other content from the Web Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
- make any unauthorized use of the Web Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use the Web Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Web Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Web Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Web Site.
- rick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Web Site or the networks or services connected to the Web Site.
- attempt to impersonate another user or person or use the user-name of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Web Site in order to harass, abuse, or harm another person. m) use the Web Site as part of any effort to compete with us or otherwise use the Web Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
- attempt to bypass any measures of the Web Site designed to prevent or restrict access to the Web Site, or any portion of the Web Site.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Web Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Web Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Web Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Web Site.
- use the Web Site in a manner inconsistent with any applicable laws or regulations.
- Meta/communication data (e.g., device information, IP addresses).
2. ENTITLEMENT TO REMUNERATION
- Depending on the participation on our web site and the reviews and popularity of your , the user can earn remuneration.
- The claim to remuneration does not arise if the user violates the conditions of participation or if his participation is in abuse of rights. In particular, the exploitation of technical vulnerabilities, the creation of multiple accounts, the use of bots, scripts, crawlers, spiders or comparable technologies are considered to be abusive. If such circumstances occur after the value date of the remuneration, this can be reclaimed. A remuneration is excluded if the customer receives it for the purchase of a product and revokes the purchase contract.
- In order to participate in the remuneration program, the user must be of legal age.marketing
2. ENTITLEMENT TO REMUNERATION
- Making available the online offer, its functions and content.
- Responding to contact requests and communicating with users.
- Security measures.
- Reach measurement/marketing
3. PAYMENT OF THE REMUNERATION
- The payment of the remuneration requires a credit balance of at least 30 USD. Recipe Fund is entitled to change the payment limit with 30 days notice. The payout is made via bank transfer to a bank account or via the payout methods listed on the web site.
- There is no automatic payout of the remuneration. The user must request the payout himself.
4. DUTIES OF THE USER
- The user assures that the information provided during registration is correct. The registration with foreign data is not permitted. A transfer of the account to third parties is not permitted.
- The user is responsible for compliance with the legal provisions when participating in promotions and indemnifies Recipe Fund from claims of third parties and government institutions in this regard.
- It is forbidden to use the system for abuse (e.g. flooding, false information, DDoS, fake accounts).
- Commercial use of the service requires the express consent of Recipe Fund.
- The user is responsible for the taxation of his achieved remuneration and the possibly required registration of a trade. In no case an employment relationship is established between provider and user.
5. BLOCKING / DELETION OF THE ACCOUNT, CREDIT BLOCKING
- Recipe Fund reserves the right to temporarily or permanently block the account of a user and to freeze the credit balance of the user if the user violates the obligations in these Terms and Conditions or otherwise behaves in breach of duty.
- In the event of a deletion, there is no claim to restoration of previous data by Recipe Fund. The deletion cannot be reversed.
6. USER GENERATED CONTRIBUTIONS
- The Web Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Web Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
- Contributions may be viewable by other users of the Web Site and through third-party web Sites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Web Site, and other users of the Web Site to use your Contributions in any manner contemplated by the Web Site and these Terms and Conditions.
- you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web Site and these Terms and Conditions.
- your Contributions are not false, inaccurate, or misleading.
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- your Contributions do not violate any applicable law, regulation, or rule.
- your Contributions do not violate the privacy or publicity rights of any third party.
- your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
- Any use of the Web Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Web Site.
7. CONTRIBUTION LICENSE
- By posting your Contributions to any part of the Web Site [or making Contributions accessible to the Web Site by linking your account from the Web Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
- This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
- We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web Site.
- You are solely responsible for your Contributions to the Web Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- We have the right, in our sole and absolute discretion,
- to edit, redact, or otherwise change any Contributions; to re-categorize any Contributions
- to place them in more appropriate locations on the Web Site; and
- to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
- We may provide you areas on the Web Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have first-hand experience with the recipe being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements;
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
- We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
- We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
9. MOBILE APPLICATION LICENSE
- If you access the Web Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
- You shall not:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
- violate any applicable laws, rules, or regulations in connection with your access or use of the application;
- remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
- use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- use the application to send automated queries to any web Site or to send any unsolicited commercial e-mail;
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Web Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
- You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- We may allow advertisers to display their advertisements and other information in certain areas of the Web Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Web Site and any services provided on the Web Site or products sold through those advertisements.
- Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Web Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
12. WEB SITE MANAGEMENT
- We reserve the right, but not the obligation, to:
- monitor the Web Site for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the Web Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the Web Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Web Site.
14. TERM AND TERMINATION
- These Terms and Conditions shall remain in full force and effect while you use the Web Site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the web site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the web site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
- In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
- We reserve the right to change, modify, or remove the contents of the Web Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Web Site. We also reserve the right to modify or discontinue all or part of the Web Site without notice at any time.
- We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Web Site.
- We cannot guarantee the Web Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Web Site, resulting in interruptions, delays, or errors.
- We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Web Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site during any downtime or discontinuance of the Web Site.
- Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Web Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Web Site that contains typographical errors, inaccuracies, or omissions that may relate to the Web Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web Site at any time, without prior notice.
- The web site is provided on an as-is and as-available basis. You agree that your use of the web site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the web site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the web site’s content or the content of any web sites linked to the web site and we will assume no liability or responsibility for any
- errors, mistakes, or inaccuracies of content and materials,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the web site,
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from the web site,
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the web site by any third party, and/or
- any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the web site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the web site, any hyperlinked web site, or any web site or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
- As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
18. LIMITATIONS OF LIABILITY
- In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the web site, even if we have been advised of the possibility of such damages.
- Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you .
- Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
- If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
- Claims of the user for damages are excluded. Excluded from this are claims for damages by the User arising from injury to life, limb or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Recipe Fund, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
- In the event of a breach of material contractual obligations, Recipe Fund shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the User's claims for damages are based on injury to life, limb or health.
- In particular, Recipe Fund is not liable for the accuracy and timeliness of links and the content that can be accessed through them and not for the information provided by advertising partners. Recipe Fund is not liable for delays or non-availability of the services. Advertising partners may change or discontinue their promotions at any time. In this case, there is no claim against Recipe Fund.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- your Contributions;
- use of the Web Site;
- breach of these Terms and Conditions;
- any breach of your representations and warranties set forth in these Terms and Conditions;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward any other user of the Web Site with whom you connected via the Web Site.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
- We will maintain certain data that you transmit to the Web Site for the purpose of managing the Web Site, as well as data relating to your use of the Web Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Web Site.
- You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- Visiting the Web Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Web Site, satisfy any legal requirement that such communication be in writing.
- You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the web site.
- You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. LAW AND JURISDICTION
These terms and conditions and the relationship between you and Recipe Fund shall be governed by and construed in accordance with the Law of Lithuania Recipe Fund and you agree to submit to the exclusive jurisdiction of the Courts of Lithuania.