CooKx - Terms of Service
CooKs Technologies, Inc. (“CooKx,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://www.cookxapp.com.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. You are continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COOKX ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Access and Use of the Service
Services Description – The service is a technology platform that provides an online marketplace in which food providers such as personal chefs, home cooks, home bakers, caterers, food providers, and other individuals offer to sell and deliver food items and meal orders (“meal(s)”) to the general public, and customers browse and purchase meals. Users who buy meals through the service are "customer(s)," and users who list, prepare, and sell snacks through the service are "CooKx."
A user may be both a customer and CooKx. All purchases are made directly (and any contract for purchase and sale is) between the customer and the food provider.
CooKx offers a marketplace, and it is not itself a food provider of any kind.
CooKx's service includes pricing assistance and delivery, but CooKx is not a party to any purchase or sales transaction. CooKx may also help facilitate the resolution of disputes between customers and food providers, but CooKx has no control over and does, not guarantee (a) the existence, quality, safety, authenticity, or legality of meals offered or sold on the service; (b) the truth or accuracy of a CooKx’s content or listings on the service; (c) the ability of a food provider to sell through the service and deliver meals within required delivery windows; (d) the ability of customers to pay for meals purchased through the service; or (e) that a customer or CooKx will actually complete a transaction, effectuate trouble-free delivery and shipping, or return a meal through the service.
Each CooKx is solely responsible for complying with all applicable laws, rules, and regulations and standards, including but not limited to those pertaining to the preparation, sale, marketing, and packaging of all meals ordered through CooKx, and updating details and prices relating to the Meals offered. Each food provider is solely liable for the quality, safety, and freshness of its products, and CooKx does not verify the credentials, representations, products, services or prices offered by any food provider, and does not guarantee the quality of the product or services, or that food providers or meals comply with applicable laws. CooKx will not be liable or responsible for any meals provided by CooKx that are a cause of injury or that does not meet your expectations in any manner.
CooKx may enter into agreements with independent contractors (each a “Courier”) to provide delivery services under certain circumstances if desirable by individual food providers. If a food provider chooses to use a courier to deliver a Meal, CooKx is not offering such delivery services and has no responsibility or liability for the actions or inactions of any courier. CooKx will not be liable or responsible for any delivery services provided by a Courier or any errors or misrepresentations made by them. Couriers are required to comply with all applicable laws, rules, and regulations.
form legally binding contracts under applicable law. Without limiting the foregoing, the service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended users of the service (both Customers and CooKx). If you do not qualify, please do not use the service. Additionally, CooKx reserves the right to refuse access to or use of the service to anyone and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the service and are prohibited from using alter egos or other disguised identities when using the service.
Member Account, Password, and Security - you are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any activities that occur under your password or account. You agree to (a) immediately notify CooKx of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the service. CooKx will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service - CooKx reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CooKx shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage - you acknowledge that CooKx may establish general practices and limits concerning use of the Service. You agree that CooKx has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that CooKx reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that CooKx reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services - The Service may include certain services that are available via a mobile device, including (i) the ability to upload content (including meal options or food provider or customer information) to the service via a mobile device. (ii) The ability to browse the service and the site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “mobile services”). To the extent, you access the service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. Besides, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
By using the mobile services, you agree that we may communicate with you regarding CooKx and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your CooKx account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge and agree that your use of the service must be following the usage rules established by your mobile device platform or service provider.
By registering for CooKx service and using CooKx by providing your contact information, you are consenting to be contacted by CooKx or any of its business partners by telephone, text message (which may be automated), email, fax, phone or any means. Even if you have opted into the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from CooKx or its business partners, you agree to notify by emailing email@example.com.
User Conduct -
You are solely responsible for all descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the service. The following are examples of the kind of content and/or use of the service that is illegal or prohibited by CooKx.
CooKx reserves the right to investigate and take appropriate legal action against anyone who, in CooKx’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the service to:
a) sell, post or otherwise transmit any content or information relating to a meal-offering or any other content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of CooKx is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose CooKx or its users to any harm or liability of any type;
b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) solicit personal information from anyone under the age of 18;
d) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means to send unsolicited emails or other unsolicited communications;
e) advertise or offer to sell or buy any goods or services other than Meals intended to be prepared, sold and purchased through the Service;
f) use the Service to request, make or accept a Meal independent of the Service, to circumvent any fees that would otherwise apply to such transaction;
g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
h) violate any applicable local, state, national or international law, or any regulations having the force of law;
i) engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar anti-spam, data protection, or privacy legislation in any jurisdiction;
j) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, or
k) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
CooKx’s Facilities - In addition to the foregoing conduct restrictions, to the extent you are a food provider, you represent and warrant that your use of the Services to market, advertise and sell meals does not violate any applicable law or regulation, including but not limited to the California Retail Food Code (excerpted from the California Health and Safety Code). If a food provider located in California, you represent and warrant that you prepare and provide all meals to customers using a qualified (i) “Food Facility” (as defined in Section 113789 of the California Retail Food Code, as amended). (ii) “Food Processing Establishment” (as defined in Section 111955 of the California Retail Food Code, as amended); or (iii) “Cottage Food Operation” (as defined in Section 113758 of the California Retail Food Code, as amended). To the extent you are a food provider preparing and providing meals out of a food facility qualifying only as a “Microenterprise Home Kitchen” (as defined in Section 113825 of the California Retail Food Code, as amended), you further represent and warrant that you are in compliance with the terms of Chapter 11.6 of the California Retail Food Code, as amended, which requires, among other things, that:
You operate your microenterprise home kitchen in a city or county where the governing body has authorized by ordinance or resolution the permitting of microenterprise home kitchen operations;
You have submitted to the local enforcement agency written standard operating procedures that include the following information:
(1) all food types or products that will be handled. (ii) the proposed systems and methods for food preparation and handling.
(2) systems, processes, and schedules for cleaning utensils, equipment, and for the disposal of refuse. (iv) how food will be maintained at the required holding temperatures, pending pickup by Customers, or during delivery. (v) Days and times that the home kitchen will potentially be utilized as a microenterprise home kitchen operation.
You have successfully (1) passed an approved and accredited food safety certification examination, (2) passed an inspection and (iii) received a permit to operate issued from the local enforcement agency;
Your license to operate a microenterprise home kitchen operation received from the local enforcement agency remains valid and in full effect;
Any person delivering Meals on behalf of your permitted microenterprise home kitchen operation is an employee or a family/household member of yours, and if such a person drives a motor vehicle to deliver Meals, the person has a valid driver’s license;
You have entered (and updated when necessary) the permit number for your microenterprise home kitchen operation in the dedicated field provided by us during the sign-up process;
You have no more than one full-time equivalent food employee, not including a family member or household member;
Your Meals are prepared, cooked and served to Customers on the same day;
Your Meals are consumed either (i) onsite at your microenterprise home kitchen or (ii) offsite if the food is picked up by the consumer or delivered within a safe time period;
Your Meal preparation does not involve processes that require or handle raw milk or need a HACCP plan;
Your Meals do not include raw oysters;
You do not prepare more than 30 individual Meals per day, and no more than 60 meals per week (or the approximate equivalents of each if meal components are sold separately);
Your operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index; and
You sell Meals only to Customers who are consumers rather than wholesalers or retailers.
For further information on California’s regulations regarding microenterprise home kitchens, please review the resources provided by the Cook Alliance at www.cookalliance.org. CooKx does not support the accuracy of information or endorse any opinions contained on the Cook Alliance website.
Ingredients and Allergens – For any meal and related content posted using the service, a food provider shall provide a comprehensive list of ingredients contained in or otherwise used to prepare the Meal, including any known allergens. CooKx is not responsible for the accuracy of the information and labeling of Meals delivered to Customer. Customers should be advised that Meals may be prepared in facilities using the same equipment that is used to prepare meals containing other allergens even if the allergen is marked as being absent from the food. CooKx shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any meals and related items purchased through the service.
Food provider Insurance - CooKx does not maintain insurance for liabilities that may arise from your use of the Service as either a customer or a food provider. If you are a food provider CooKx recommends that you obtain appropriate insurance to cover the operation of your food facility and the preparation and delivery of meals. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of customers or any third party service.
Customer Review Guidelines - To the extent you are a Customer, CooKx may allow you to upload content and leave reviews regarding your purchase of meals. CooKx may accept, reject, or remove reviews and any associated content in its sole discretion. CooKx has absolutely no obligation to screen or to delete reviews or associated content, even if anyone considers reviews objectionable or inaccurate. Those customers posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed. (2) Reviews should not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity. (3) Reviewers should not be affiliated with competitors if posting negative reviews. (4) Reviewers should not make any conclusions as to the legality of conduct; and (5) Reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by CooKx and do not represent the views of CooKx or any affiliate or partner of CooKx. CooKx does not assume liability for any review or any claims, liabilities, or losses resulting from any review. Any review you post will be considered user content (as defined below).
Marketplace Risk – CooKx is not affiliated with or endorsed by any chef, restaurant, meal preparation service made, or a food provider available through the service. CooKx is a marketplace and technology platform, CooKx is not involved in any transaction between customers and food providers and does not act as a customer, food providers (or affiliate for a customer or food providers), or broker concerning any transactions. There are risks that you assume when dealing with other users (including those who may be acting under pretenses), and you and not CooKx bear all of these risks. We encourage you to use the various functionalities of the service (e.g., food providers profiles, meal options, and user reviews) to help evaluate the user with whom you are dealing.
food providers as Independent Contractors - Users of CooK's service acting in the capacity of food providers do so in their role as an independent contractor and not as an employee of CooKx.
As a food provider using CooKx's service, you agree that: (i) you will accept any directions issued by CooKx about the goals to be attained and the results to be achieved by food providers generally, but you shall be solely responsible for the manner and hours in which your services are performing. (ii) You are responsible for and will comply with all applicable laws and registration requirements, including those applicable to independent contractors and maximum working hours regulations. (iii) These Terms of Service do not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and CooKx, or you and a customer. (iv) You will not represent yourself as an employee or agent of CooKx or any customer. (v) You will not be entitled to any of the benefits that a CooKx may make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits. (vi) You are not eligible to recover contributor's compensation benefits in the event of injury. As a food provider, you will not engage a customer in any way that may jeopardize your status as an independent contractor.
CooKx does not control the behavior of users of the service or the information or user content (defined below) provided by other users.
As a result, CooKx does not guarantee or endorse the legality, authenticity, quality, or safety of any meals offered or sold the truth or accuracy of any listings or the ability of food providers to sell meals or of customers to buy meals. We cannot assure you that all transactions will be complete. Additionally, CooKx does not guarantee the ability or intent of users to fulfill their obligations in any transactions. CooKx reserves the right to delay the completion of any transaction for a reasonable period for purposes of fraud detection and otherwise protecting CooKx and its users from illegal or wrongful activities or other violations of these Terms of Services.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Fees: Registering for the service is free; however, CooKx charges specific fees for various transactions effected through the service, 2.5% fees for a transaction. Unless otherwise stated, all fees are quoted in U.S. dollars.
Taxes; Shipping Costs; Customer Responsibility: Meals purchased by and delivered to customers in locations in the U.S. maybe subject to applicable state or local sales or use tax, privilege tax, or similar transaction-based taxes required in the food services industry of a particular location ("Taxes"). The amount of Taxes is based on several factors, including but not limited to a Customer’s designated delivery address, and/or the location of the Chef.
Customers are responsible for paying to a food provider the applicable purchase price for a purchased Meal, as well as any delivery costs and paying applicable Taxes associated with the purchase and sale of any meals through the service. Delivery costs and Taxes attributable to the sale of any Meals are not included in the listed price for any meals listed by food providers through the CooKx's service but will be displayed to customers before confirmation of any purchase.
food providers are responsible for paying CooKx’s commission outlined in the Fee Policy as well as their taxes imposed or measured by such food provider’s net income, net profits, income, profits, and/or revenues associated with the sale of any meals through the service.
Packaging - Food providers are responsible for purchasing packaging materials and/or labels for the delivery of meals prepared for customers. CooKx does not provide packaging service.
Payments and Subscriptions - Customers may pay for Items using credit cards or other payment methods, as may be determined by CooKx from time to time. Food providers will be prompted to provide bank account details to us so that we may facilitate the transfer of payments received from customers purchasing meals. If you submit your payment information through the service, then you authorize CooKx to store that payment information and charge your payment method for any item you purchase. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
Fee Modifications - CooKx reserves the right to change or discontinue, temporarily or permanently, some or all the fees for the Service. Any change will be effective upon posting of a revised Fee Policy. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
Promotions and Credits - CooKx may, from time to time, offer Customers specific promotions or credits towards the purchase of meals and customers may use such promotions or credits following their terms. Depending on the type of promotion or credit used, it may reduce the amount of taxes that apply to a customer’s order. The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.
Third-Party Distribution Channels - CooKx offers software applications that are available through the Apple App Store, Android Marketplace, or other distribution channels (“Distribution Channels”). If you obtain such software through a distribution channel, you may be subject to additional terms of the distribution channel. These Terms of Service are between you and CooKx only, and not with the distribution channel. To the extent that you utilize any other third-party products and services in connection with your use of our services, you agree to comply with all applicable terms of any agreement for such third products and services.
Concerning Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions outlined in these Terms of Service, the following terms and conditions apply:
a) You and CooKx acknowledge that these Terms of Service are concluded between CooKx and you only, and not with Apple Inc. (“Apple”), and that as between CooKx and Apple, CooKx, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
b) You may not use the Apple-Enabled Software in any manner that violates or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise conflict with, the App Store Terms of Service.
c) Your license to use the Apple-Enabled Software is limited to a non-transferable permission to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules outlined in the App Store Terms of Service.
d) Apple has no obligation whatsoever to provide any maintenance or support services concerning the Apple-Enabled Software.
e) Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be CooKx’s sole responsibility, to the extent it
f) Not be disclaimed under applicable law.
g) You and CooKx acknowledge that CooKx, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any application that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
h)In the event of any third party claim that the Apple-Enabled Software or the end user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between CooKx and Apple, CooKx, not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
i)You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or the U.S. Government has designated that as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
j) If you have any questions, complaints, or claims concerning the Apple-Enabled Software, they should be directed to firstname.lastname@example.org
You and CooKx acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service. With respect to the Apple-Enabled Software and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights - Service Content, Software, and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by CooKx, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the service or the service content, in whole or in part, except that the foregoing does not apply to your User Content (as defined below) that you legally upload to the service. In connection with your use of the service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If CooKx blocks you from accessing the service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection in addition to that are the property of CooKx, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. CooKx is reserving any rights not expressly granted herein.
The CooKx name and logos are trademarks and service marks of CooKx (collectively the “CooKx Trademarks”). Other CooKx, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CooKx. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CooKx Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of CooKx Trademarks will inure to our exclusive benefit.
Third-Party Material - Under no circumstances will CooKx be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that CooKx does not pre-screen Content, but that CooKx and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, CooKx and its designees will have the right to remove any content that violates these Terms of Service or is deemed by CooKx, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service – With respect to the content or other materials, you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant CooKx and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to CooKx are non-confidential and non-proprietary. CooKx will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that CooKx may preserve Content and may also disclose content if required. To do so, by law, or in the good-faith belief, that such preservation or disclosure is reasonably necessary to:
(a) Comply with legal process, applicable laws, or government requests.
(b) Enforce these Terms of Service.
(c) Respond to claims that any content violates the rights of third parties.
(d) Protect the rights, property, or personal safety of CooKx, its users, and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints - CooKx respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify CooKx of your infringement claim by the procedure set forth below.
CooKx will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to CooKx’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
CooKs Technologies Inc.,
101 S Santa Cruz Ave.
Los Gatos, CA 95031
The notification must be in writing and contain the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice - If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If the Copyright Agent receives a counter-notice, CooKx will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy - Following the DMCA and other applicable law, CooKx has adopted a policy of terminating, in appropriate circumstances and at CooKx's sole discretion, users who are deemed to be repeat infringers. CooKx may also, at its only discretion, limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether there is any repeat infringement.
Third-Party Websites - The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. CooKx has no control over such sites and resources, and CooKx is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that CooKx will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third-party, and you agree that CooKx is not liable for any loss or claim that you may have against any such third party.
Social Networking, Other Third Parties - From time to time, we may allow you to register for the service using third party services and otherwise enable various third-party services to be directly integrated into your CooKx experience. By directly integrating these services into the service, we make your online skills more productive, more comfortable, and more personalized.
To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third-party services and CooKx’s use, storage a