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Terms & Conditions

Before using or becoming a member of FamilyCookbookProject.com, please review the following terms and conditions which define your rights, responsibilities and benefits as a user of this Service.

Overview

FamilyCookbookProject.com and its affiliated websites, email properties and other online services, including without limitation, CookbookFundraiser.com, FamilyCookbookProject.co.uk OurCookbooks.com, Cookbooks4You.com and KidsCookbookProject.com (collectively, the "Sites" or "Service") are owned and operated by Family Cookbook Project, LLC (hereafter 'we', 'our' or 'us'), a Delaware Limited Liability Company. Access to and use of the Sites is subject to these terms and conditions of use ("Terms of Use"). 'You' or 'your' means an adult user of the Service. Your use of the Service indicates that you are bound by this agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service. Read the Privacy Policy connected with this Site, which also applies to you as a user. The Sites are not intended for users under 13 years of age. If you are under 13, do not use the Sites and do not provide us with any personal information.

FamilyCookbookProject.com contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to members of a family site, (the Content.) In the freely accessible areas of the Service, all Content is owned and/or copyrighted by Family Cookbook Project, LLC, or third-party providers and may be used only in accordance with this limited use license. Material posted to private family sites or public pages controlled by persons who created those public pages is owned by the person who created the material posted and is hosted by FamilyCookbookProject.com under the license contained in this Agreement. Family Cookbook Project, LLC is protected by copyright, individual elements in the case of content provided by FamilyCookbookProject.com, and as a collective work and/or compilation as to the Service as a whole, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

User Provided Content

Portions of the Service will contain user provided content, to which you may contribute appropriate content. For this content, Family Cookbook Project, LLC is a distributor only. By submitting content to FamilyCookbookProject.com, you grant Family Cookbook Project, LLC, the corporate host of the Service, a limited license to use, host, distribute and allow hosting and distribution on co-branded and partner Services of the content. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. Family Cookbook Project, LLC is sensitive to the copyright and other intellectual property rights of others. Be aware that content, including photographs, even if submitted to a site of which you are a member, belongs to the creator or submitter and you should not reproduce it without permission of the owner. Family Cookbook Project, LLC also reserves the right to remove any user provided content which comes to its attention and which it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates this Agreement. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. Inactive family sites on the Sites may be removed if new content has not been posted for a period of 180 days at our discretion. Family Cookbook Project, LLC will make reasonable efforts to notify the account holder 30 days prior to removal of the site.

Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

•You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

•All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

Monitoring and Enforcement; Termination

We have the right to:

•Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

•Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for the Company.

•Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

•Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

• Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review all material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

•Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

Your Indemnification of Us

You agree to indemnify, defend and hold harmless Family Cookbook Project, LLC, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. Family Cookbook Project, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Prohibited Uses of the Sites

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

• In any way that violates any applicable federal, state, local or international law or regulation.

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

• To impersonate or attempt to impersonate Family Cookbook Project, LLC, a Family Cookbook Project employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm Family Cookbook Project, LLC or users of the Sites or expose them to liability.

Additionally, you agree not to:

•"Scrape" or disaggregate data from the Sites (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.

• Introduce any viruses, Trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites.

• Otherwise attempt to interfere with the proper working of the Sites.

Third-Party Links, Advertisements, Websites and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Sites and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Family Cookbook Project, LLC nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Sites, and we shall not receive or review complaints regarding such purchases.

DMCA Policy

Family Cookbook Project, LLC deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Sites that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Sites without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent (Legal), Family Cookbook Project, LLC., Post Office Box 475, South Wellfleet MA 02663 or in an email to Copyright@familycookbookproject.com. This contact information is only for suspected copyright infringement. Please include the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.

• Adequate information by which we can contact you (including your name, postal address, telephone number and email address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

• A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.

• Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).

It is the policy of Family Cookbook Project, LLC to remove any Content deemed to be in violation of copyright and disable the accounts of users who repeatedly post infringing material on the Sites.

Registration and Security

As part of the registration process, you will select a password and Member name ('Username'). You must provide FamilyCookbookProject.com with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the Rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem offensive.

You shall notify us by regular mail or by e-mail at cookbookhelp@familycookbookproject.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. (b) You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of FamilyCookbookProject.com, its owners or agents.

You must be 18 years or older, or, if acting for a minor aged 14 or older, grant permission as parent or guardian for that minor, to become a member. Logging in as a member of a FamilyCookbookProject.com site is confirmation that the person logging in is an adult or has received permission from a parent or guardian to become a member of a site and/or to use the Service.

You are responsible for all usage or activity on FamilyCookbookProject.com via your password. Distribution of your password for access to others is expressly prohibited and shall constitute a breach of this agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Fees and Payments

Continuous Service Membership. If you become a Subscriber to the Standard Services provided on FamilyCookbookProject.com, understand that membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (annual, quarterly, etc.) you have chosen. Credit card charges will be processed within 24 hours after subscription and any products included in memberships will be shipped shortly thereafter. You will be notified by e-mail 15 days before your subscription will end, asked to correct any information which has changed and given the opportunity to 'opt out' of your renewal. You must email FamilyCookbookProject.com at least two days before the renewal date for the cancellation to be effective.

Subscription costs may be changed by FamilyCookbookProject.com at any time and each renewal of your subscription will be at the then standard renewal cost for the period which you originally selected when you subscribed.

If you select our Lifetime subscription, there is only one initial fee. Lifetime is set in 50-year increments and will auto-extend. No monthly or annual fees are charged.

Limited Use License

You are licensed to use the Service and its Content only for personal use and the use of the members of the site of which you are a member. The Service is not intended for or licensed for any commercial use. We reserve the right cancel any or all of the Service at any time. The download of the whole or significant portions of any functionality of the Service, or any part of the public areas of the Service is prohibited. Online or other republication of Content in the public areas is prohibited. Violation of this License may result in immediate termination of your membership and may result in legal action for injunction, damages or both. You may use access software provided on the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.

Liability Disclaimer

The information, products, and services included on this Web Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Family Cookbook Project, LLC and its third-party suppliers provide all Content in this Service 'AS IS', and without any warranty of any kind.

Family Cookbook Project, LLC, and its third-party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the service provided on the Service for any purpose. We and our third-party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In the case of goods or services purchased via the Service, any warranty is supplied by the manufacturer and Family Cookbook Project, LLC provides no such warranty. In no case will we or our third-party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.

Family Cookbook Project, LLC may, from time to time, provide opportunities to users of the Web Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions which are different from those found here. FamilyCookbookProject.com makes no warranty concerning third party provided goods or services and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third-party provider and not from Family Cookbook Project, LLC

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.

Disputes

These Terms of Use and any disputes arising out of or related to the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Delaware.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Family Cookbook Project, LLC with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

How to Contact Us

The Sites are owned and operated by Family Cookbook Project, LLC located at PO Box 475, S Wellfleet MA 02663

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: Questions@FamilyCookbookProject.com

Official correspondence must be sent via postal mail to: Family Cookbook Project, LLC. Attn: Customer Solutions PO Box 475, S Wellfleet, MA 02663.