Terms of Service
Thank you for your interest in TasteBook! This Terms of Service document (this “Agreement”) describes the terms and conditions of your use of any online service provided by TasteBook, Inc. (“TasteBook”) or its affiliates (collectively, the “TasteBook Service”), including ordering products from the TasteBook Service and your participation in the chat and discussion areas on the site ("User Forums").
Please read this Agreement carefully. Your use of the TasteBook Service will constitute your agreement to comply with the terms contained in this Agreement. If you do not agree with the terms of this Agreement, you must discontinue your use of the TasteBook Service. Also, please note that TasteBook may revise this Agreement from time to time. If any of those changes are material, we will provide a notice concerning the changes on this page or in some other reasonable manner. Your use of the TasteBook Service must comply with the terms and conditions in place at the time of your use.
Your Use of the TasteBook Service
Accurate Information and Privacy:When you register with the TasteBook Service, you are required to provide us with accurate and complete name and e-mail address information and to update your information from time to time as needed. Please note that we need your current contact information to notify you of any important changes to your account or to the TasteBook Service. We will use your information only to provide the TasteBook Service to you. For more detailed information about TasteBook’s use of personal information, please see our privacy policy. The terms and conditions of our privacy policy are part of and incorporated into this Agreement.
Your Responsibilities Generally:You are fully and solely responsible for your use of the TasteBook Service and must use the service, including User Forums, in keeping with any guidelines or instructions provided by TasteBook from time to time. You must use the TasteBook Service for lawful purposes only and, to the extent your actions give rise to any liability for TasteBook or any other third party, you will be solely responsible for those liabilities, including paying for any costs or expenses associated with any legal claim.
Your Content:You may keep your recipes in your account and you will be the only party that may access them. You are not required to share information in your account through the TasteBook Service. However, when you choose to post or share recipes, information, photos or other content (your “shared content”) so that it may be accessed by another user or users of the TasteBook Service, then that shared content is no longer private. For all of the shared content you provide, you automatically give very broad permission to TasteBook and to any other party who receives that shared content to use, copy, distribute and display the shared content as they choose, including incorporating the shared content into TasteBooks or other products, without any compensation to you. In other words, you acknowledge that, when you make your shared content available, you do so freely and with the understanding that it may be used by and resold to other users of the TasteBook Service and that you will not be paid for that or any other use of your shared content. Also, you acknowledge that TasteBook may actively promote and resell the shared content as part of the TasteBook Service. TasteBook will not use your name or likeness in connection with your shared content, without your prior permission.
You must have full permission from all applicable rights holders for any content you post to the TasteBook Service. You are fully responsible for the use and distribution of any content you post to the TasteBook Service, including any claim(s) that you did not have the requisite right(s) to use the applicable content.
TasteBook is not responsible for the maintenance or care of any of the content that you post to the TasteBook Service. You are solely responsible for creating back-ups of your content.
Inactive Accounts: TasteBook reserves the right to terminate any account that is inactive (meaning that the account hasn’t been accessed by the member) for 12 months or more. We will send at least one email notice to those members to notify them of a pending account termination. The email notice will be sent to the email address most recently provided by the member, so please keep your email address up to date.
Other Restrictions:You are not entitled to use or post any indecent, inappropriate or offensive language or any material that may infringe or invade the property or privacy rights of any other party. Also, you are not entitled to post any solicitations or advertisements, or material that is encrypted or that violates any law or regulation. TasteBook may terminate access to any content that it deems inappropriate, unacceptable or in violation of the terms of this Agreement. You must not sell, resell or otherwise exploit the TasteBook Service for commercial purposes, except in the course of normal use of the TasteBook Service (e.g. ordering of products and services from TasteBook). You must not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You must not interfere with the operation of the TasteBook Service. Other than normal use of the TasteBook Service through a Web browser, you may not attempt to gain access to TasteBook's servers by any means.
Third Party Materials including Comments by Users
TasteBook receives content from various content partners. TasteBook does not provide any promises or guarantees concerning the quality of such content. Also, any information or material placed online by users, including advice and opinions, represents the views of those users and does not necessarily represent the views of TasteBook. TasteBook will not review those materials and will not be responsible for any third party or user content (except that, if you believe your copyright has been violated, please follow the steps described in the “Copyright Complaints” section below and we will act accordingly to help you protect your rights). Please note that TasteBook reserves the right to edit, move or delete any material posted by any users in the User Forums or elsewhere on the TasteBook Service, in its sole discretion and without notice.
The TasteBook Service may include advertisements and links to third party sites. TasteBook does not endorse those third parties and is not responsible for the content, products or services provided by any third party.
Copyright Complaints
If you believe that your work has been copied and is accessible through the TasteBook Service in a way that constitutes copyright infringement, please notify TasteBook. The notice must be provided to TasteBook's copyright agent (address below) and include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512. As of the date of this Agreement, the information that you need to provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on the TasteBook Service that you believe infringes the copyright (with sufficient specificity to allow us to locate it on the TasteBook Service); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature; and your contact information.
Any claims of copyright infringement concerning the TasteBook Service should be sent to TasteBook, Inc., attention, Copyright Agent, at 2240 Sixth Street, Berkeley, CA 94710. We will respond to each complaint quickly and diligently.
Pricing and Product Information
All prices are stated in U.S. dollars and are valid until changed by TasteBook. Product prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be an estimate only. In the event that you order a product and the price published on the TasteBook Service was incorrect, TasteBook will contact you to let you know the correct price and ask you whether you still wish to have TasteBook to fulfill your order.
TasteBook’s products and pricing are subject to change at any time without notice. TasteBook reserves the right to modify or discontinue any aspect of the TasteBook Service. TasteBook also reserves the right to institute fees for access to any portion of the TasteBook Service. You will not be charged any fees without your permission, although you may not have access to those paid services.
Replacement and Refund Policy
If you received a damaged order or you are not happy with the quality of your TasteBook, you may request a replacement by contacting our Customer Support team at support@tastebook.com.
If you so request, we may refund the purchase price for your order. If we ask you to return the item, you will need to go to your Order History and click the "Return Order" link under the order you need to return. Complete the personalized Return Form and return your order within 30 days of receipt, in the original packaging (if possible). Please include the Order Summary found in your original packaging, and use the postage-paid Merchandise Return Label included with the Return Form (the Merchandise Return Label only applies to orders shipped within the United States).
Termination of Access and Refusal to Fulfill Orders
You understand and agree that TasteBook may terminate your access the TasteBook Service, for any reason, without notice to you. TasteBook also reserves the right to refuse to fulfill any order you submit, if the order does not meet the requirements set out in this Agreement or elsewhere on the TasteBook Service web pages.
Other Intellectual Property Matters
The TasteBook Service contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of the TasteBook Service, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through the User Forums or otherwise shared through the TasteBook Service, all of the content contained in the TasteBook Service is owned TasteBook and its licensors. All rights are hereby reserved.
Disclaimer of Warranties
THE TASTEBOOK SERVICE IS PROVIDED "AS IS" AND “WITH ALL FAULTS”. TASTEBOOK AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TASTEBOOK AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE TASTEBOOK SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE TASTEBOOK SERVICE. TASTEBOOK IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER CONTENT POSTED TO THE TASTEBOOK SERVICE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation of Liability
TASTEBOOK AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ALLEGEDLY SUSTAINED BY YOU OR ANY OTHER PARTY ARISING OUT OF YOUR USE OF (OR INABILITY TO ACCESS) THE TASTEBOOK SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE TASTEBOOK SERVICE, YOUR USE OF ANY OF THE INFORMATION OR MATERIALS MADE AVAILABLE ON THE TASTEBOOK SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF TASTEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TASTEBOOK’S TOTAL CUMULATIVE LIABILITY TO YOU WILL NOT EXCEED THE AMOUNTS YOU PAID TO TASTEBOOK FOR THE APPLICABLE PRODUCT OR SERVICE ORDERED THROUGH THE TASTEBOOK SERVICE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
General Legal Terms
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California as applicable to contracts that are wholly performed within, and by residents of, California. Any action based on or alleging a breach of this Agreement may be brought in a state or federal court in San Francisco, California. You agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the use of the TasteBook Service must be filed within one (1) year after the initial occurrence that gives rise to such claim or the claim will be barred. If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.
Contact
TasteBook welcomes your questions and comments about privacy, and what we do. Please feel free to e-mail us at feedback@tastebook.com or use our Feedback page on the TasteBook Service.
If you need to reach us by mail, please write to:
TasteBook, Inc.
2240 Sixth Street
Berkeley, CA 94710
Attention: Customer Feedback Team
