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Terms of Service And Conditions

 

THIS IS A DOCUMENT THAT CONTAINS IMPORTANT CLAUSES ABOUT YOUR RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE ACCESSIBLE AT THE ADDRESSES WWW.COOKSCANNER.COM YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

1.Key Terms

CookScanner (hereinafter referred to as “Cookscanner”, "we", "us", or "our") provides a platform that connects cooks to people that need the services of cooks (collectively, the "Services"), which Services are accessible at www.cookscanner.com and any other websites through which CookScanner makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").

"Cookscanner Content" means all Content that Cookscanner makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

"Listing" means a page created by a member via the Site, Application, and Services.

"Member" means a person who completes CookScanner’s account registration process.

"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Cookscanner promotional campaign to be made available through the Site, Application or Services.

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) that Cooks may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

"Cook" means a Member who creates a Listing via the Site, Application and Services.

 

2.Terms of Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content, and constitute a binding legal agreement between you and Cookscanner. Please also read carefully our Privacy Policy.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH A PERSON MAY CREATE A COOK PROFILE AND OFFER THEIR SERVICE TO OTHER PEOPLE THAT CAN SEE DIRECTLY WHAT THEY OFFER. YOU UNDERSTAND AND AGREE THAT COOKSCANNER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN THE COOK AND THE OTHER USERS, NOR IS COOKSACNNER A BROKER, AGENT OR INSURER. COOKSCANNER HAS NO CONTROL OVER THE CONDUCT OF COOKS, PEOPLE THAT HIRE THE SERVICE OF COOKS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY LISTINGS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO CREATE A LISTING ON COOKSCANNER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH COOKSCANNER IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF COOKSCANNER FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF COOKSCANNER. COOKSCANNER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF COOKSCANNER, INCLUDING BY INAPPROPRIATELY USING ANY COOKSCANNER INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Use of the Services

                Cookscanner grants you permission to use the Services provided that:

(i)                  you will not copy, distribute, or disclose any part of the Service in any medium;

(ii)                you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose;

(iii)               you will otherwise comply with the terms and conditions of this Agreement.

                You will need to register with the Site and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

                By using the Service, Members expressly agree to the following:

  1. You are 18 years old or older.
  2. Cookscanner.com may refuse registration of, access to, or cancel a member account in its sole discretion, at any time, for reasons such as violation of applicable law, breach of these Terms of Use, force majeure, or any other matter that in cookscanner.com’s sole discretion warrants such refusal or cancellation.
  3. Your member account will be accessed through a member ID and password that you will create (your "ID").
  4. When creating your account, you must provide accurate and complete information.
  5. Your ID is unique to you and cannot be shared with any other Member or person. You shall not share your ID or any other login credentials with any other person or publicly disclose it.
  6. You are solely responsible for the activity that occurs on your account, and you must keep your ID secure. You must notify cookscanner.com immediately of any breach of security or unauthorized use of your account by emailing at admin@cookscanner.com.
  7. Although cookscanner.com will not be liable for your losses caused by unauthorized use of your member account, you shall be liable for the losses incurred by cookscanner.com due to such unauthorized use.
  8. You shall not use the Cookscanner's website and related services for any illegal or unauthorized purpose.
  9. You shall not attempt to hack, destabilize or adapt the website or its source code.
  10. You shall not use Cookscanner's website to transmit worms, viruses or any code of a destructive nature.
  11. You shall not, without our prior express written permission, use any high volume automated means (including robots, spiders and scripts) to access Cookscanner's website.
  12. You shall not collect, harvest or use any personally identifiable information, including member names, from the website's platform except as specifically provided in this Agreement.
  13. Any comments, suggestions, or feedback relating to the website (collectively, "Feedback") submitted to cookscanner.com shall become the property of cookscanner.com and may be used in future commercial purposes without compensation to the Member or related parties who sent the Feedback to cookscanner.com.
  14. You shall not use the cookscanner.com website to send spam or commercial or other messages, including e-mails, to any third-party if those messages are not expressly solicited, authorized or welcomed by the third-party, and in your use of the cookscanner.com website you must comply with all applicable laws and regulations, including (a) laws that apply in any jurisdiction to cookies, other tracking technologies, spam and marketing practices, privacy, or security and (b) any applicable marketing association guidelines on ethical marketing practices.

 

Messages and Communications

By providing to cookscanner.com your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Account Settings.

 

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information or Member Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or obtain or use your personal information and Member Content, including for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

Third-Party Websites, Advertisers, Services or Apps

Cookscanner.com may contain links or referrals to third-party websites, advertisers, services or apps that are not owned or controlled by Cookscanner. Cookscanner generally does not review content provided by our Members or third-parties or encountered via links to third-parties.

Cookscanner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, advertisers, services or apps. If you access a third party website from Cookscanner.com, you do so at your own risk, and you understand that this Agreement and Cookscanner.com’s Privacy Policy do not apply to your use of such sites. Third party sites and apps have their own legal terms of use and privacy policies which would govern your relationship with them. You expressly acknowledge and agree that Cookscanner.com has no responsibility for, or liability arising from, your use of any third-party website, advertisers, services or apps or third party owned content. Additionally, your dealings with or participation in promotions of advertisers or apps found on Cookscanner.com, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers or such app providers. You agree that Cookscanner.com shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or app providers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

 

3.Modifications

CookScanner reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. By continuing to use the Site you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

4.Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

This Service is intended solely for Members who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. Cookscanner.com may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

 

5.How it all works

CookScanner can be used to facilitate the listing and hiring of a cook. 

Unless explicitly specified otherwise in the Cookscanner platform, CookScanner's responsibilities are limited to facilitating the availability of the Site, Application and Services.

PLEASE NOTE THAT THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE COOKS AND OTHER USERS CONNECTING DIRECTLY WITH EACH OTHER. COOKSCANNER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTING. COOKSCANNER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY BOOKINGS/HIRINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S AND USER’S OWN RISK.

 

6.Creation of your User Account

In order to access certain features of the Site and Application, and to book or create a Listing, you must register to create an account and become a Member.

 

7.Listings

As a Member, you may create a Listing. 

You acknowledge and agree that you alone are responsible for the Listings and Member Content you post. Accordingly, you represent and warrant that the Listing you post and the booking of, will not breach any agreements you have entered into with any third parties and will be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any service included in a Listing you post. Please note that Cookscanner assumes no responsibility for a Member's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Cookscanner reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.

 

8.No Endorsements

Cookscanner does not endorse any Member or Listing.

Members are required by these Terms to provide accurate information. Although Cookscanner may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Cookscanner about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Cookscanner with respect to such actions or omissions.

 

9.Bookings and Financial Terms

Listing Fees" means the amounts that are due and payable by a User in exchange for the Cook's service. The Cook alone, and not Cookscanner, is responsible for the Fees for his or her Listing. 

"User Fees" means the fee that Cookscanner charges a User for the use of the Services, which is calculated as a percentage of the applicable Listing Fees. The User Fees will be displayed to the User when the User is asked whether to send a booking request to a Cook.

"Cook Fees" means the fee that Cookscanner charges a Cook for the use of the Services, which is calculated as a percentage of the applicable Listing Fees. The Cook Fees will be displayed to the Cook when the Cook is asked whether to confirm or reject a booking request from a prospective User.

"Payment Method" means a payment method that you have added to your Cookscanner Account, such as a credit card, debit card or PayPal.

"Service Fees" means collectively the User Fees and the Cook Fees.

"Total Fees" means collectively the Listing Fees and the User Fees plus any Taxes.

The Cooks, not Cookscanner, are solely responsible for honoring any confirmed bookings and making available any Listings reserved through the Site, Application and Services. If you, as a User, choose to enter into a transaction with a Cook for the booking of a Listing, you agree and understand that you will be required to enter into an agreement with the Cook and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Host. You acknowledge and agree that you, and not Cookscanner, will be responsible for performing the obligations of any such agreements, that Cookscanner is not a party to such agreements, and that, Cookscanner disclaims all liability arising from or related to any such agreements.

In consideration for the use of Cookscanner's online marketplace and platform, Cookscanner charges Service Fees. Service Fees are non-refundable unless, at its sole discretion, Cookscanner chooses to do so. The User Fee is non-refundable regardless of the cancellation policy selected by the Cook.

If, as a Cook, you cancel a confirmed booking, you agree that Cookscanner may apply penalties or consequences to you or your Listing, including publishing an automated review on your Listing indicating that a booking was cancelled, keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or imposing a cancellation fee. In certain circumstances, Cookscanner may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services.

Cookscanner may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit.

 

10. Payment and Taxes

Cookscanner accepts Paypal and Credit/Debit Cards as payment methods.

Any registered Cook must have a Paypal and Stripe account in order to get paid. The Cooks will be responsible for covering the Paypal or Stripe professing fees.

Paypal and Stripe processing fees are not subject to refund.

Using Cookscanner platform, both the client and the Cook will pay a processing fee that is equivalent to 10% of the order amount.

Payment Flow

A client places an order. The total payable amount of the order includes the subtotal (total of ordered services) plus the Cookscanner processing fees.
The payment is now in pending status and awaits processing.
The payment is processed when the cook is in the kitchen of the client and is preparing the food. The client must at that time log into his Cookscanner account and click on the “Cook is in my kitchen button” in order to release the funds.
The cook receives the total amount minus the Paypal/Stripe processing fees
The cook will automatically release to Cookscanner the processing fees.
When a discount or promotional/gift coupon is used, the amount of the discount coupon is deducted from the Subtotal of the order in question.

Cancellation

In order to protect all parties involved, Cookscanner has a Cancellation Policy in place. This cancellation policy states that if an order is cancelled by the client within 48 hours prior to the chefs arriving in his kitchen (the time of service start) he will be refunded only 50% of the order amount. Please note that processing fees are not subject to refund. The Cook will receive the other 50% of the order amount minus the processing fees to cover for his expenses in preparing for the service.

If an order is cancelled by the client in the timeframe of more than 48 hours prior to the chefs arriving in his kitchen (the time of service start) he will receive a full refund minus processing fees.

Order flow

The client requests a quote.
The cook receives a notification and sends his quote to the client.
The clients pays the quote.
When the cook is in the kitchen of the client, the client must log into his Cookscanner account and click on the “Cook is in my kitchen” button to release the funds.

Tax regulations may require us to collect appropriate tax information from our Cooks, or to withhold taxes from payouts to Cooks, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W--9 from certain US Cooks, and an appropriate IRS Form W--8 (e.g. Form W--8BEN) from non-US Cooks with a Listing in the US. You as a Cook are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You as a Cook understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Cookscanner cannot and does not offer Tax-related advice to any Members.

 

11.User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Cookscanner endorsement
  • dilute, tarnish or otherwise harm the Cookscanner brand in any way,
  • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of Cookscanner or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
  • interfere with or damage our Site, Application or Services
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") 
  • "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Cookscanner Member
  • contact another Member for any purpose other than asking a question related to a Listing, or the Member's use of the Site, Application and Services;
  • solicit any Cook or other Member to join third-party services
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
  • use the Site, Application, Services or Collective Content to find a Cook or Member and then complete a booking independent of the Site, Application or Services
  • as a Cook, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
  • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

 

Cookscanner has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Unauthorized Network Members

If you learn that a Member is not authorized to be a Member of the Platform or is otherwise violating this Agreement, we encourage you to visit such Member’s Member profile page copy the url link and email to support@cookscanner.com with a description of the unauthorized activity. We may, in our sole discretion, determine whether and how to investigate or take action in respect of any such report. You agree you will not, without the prior written consent of cookscanner.com, accuse any Member of being unauthorized or of violating this Agreement.

 

12. Member Content

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Cookscanner promotional campaigns.

Some areas of the Service allow Members to post feedback, comments, questions, data, and other information (“Member Content”). You are solely responsible for your Member Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) within any network on the cookscanner.com platform, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content and we have no responsibility in connection therewith.

Cookscanner.com will not review Member Content except as provided herein or in our Privacy Policy or as we reasonably determine may be required by law. You acknowledge that your Member Content may be accessible by or shared with other Members in accordance with this Agreement and your settings on the Service. Also you acknowledge that Cookscanner.com may use, share, distribute, or reference any such Member Content you post on the Platform, in promotion campaigns or any other purpose.

In the event you are no longer an eligible Member of a Network (e.g. unappropiate use of the Services, prejudices caused to Cookscanner, unappropiate behaviour), your access to all Member Content, including that which you personally provided or input, may be terminated.

You agree not to post Member Content that:

                (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person;

                (ii) may create a risk of any other loss or damage to any person or property;

                (iii) may constitute or contribute to a crime or tort;

                (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;

                (v) contains any information or content that is illegal;

                (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

                 (vii) contains any information or content that you know is not correct and current. You agree that any Member Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, publicity rights, trademark, trade and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Member Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. CookScanner is not responsible for any public display or misuse of your Member Content. You understand and acknowledge that you may be exposed to Member Content that is inaccurate, offensive, indecent, or objectionable, and you agree that CookScanner shall have no liability to you or any other person relating thereto.

You are solely responsible for your interactions with other CookScanner's Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

 

CookScanner.com Proprietary Rights

Except for Member Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Cookscanner.com Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Cookscanner and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Cookscanner.com Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to supplement, modify or improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, without restriction, does not include any proprietary or confidential information, and will not place Cookscanner.com under any fiduciary or other obligation. You agree that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use (as a non-exclusive licensee) the Ideas without compensation or reimbursement of any sort to you. You acknowledge that, by receipt of your submission, Cookscanner.com does not waive or in any way diminish its right to use similar or related ideas previously known to Cookscanner.com, or developed by its employees, or obtained from sources other than you.

 

13. Disclaimer

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT COOKSCANNER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY LISTING. COOKSCANNER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY COOKSCANNER. COOKSCANNER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

 

14. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF COOKSCANNER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER COOKSCANNER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COOKSCANNER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COOKSCANNER.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COOKSCANNER.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOKSCANNER.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

                (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

                (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE;

                (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;

                (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;

                (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;

                (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR

                (VII) MEMBER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COOKSCANNER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

15. Governing law

This master agreement, contact service, other services offered by Cookscanner, and the use of the Cookscanner website are subject to Romanian law.

 

16. Contacts

For any other information, please use the COOKSCANNER contact page to contact us.