Terms of Use

Recipe Magic, LLC ("Recipe Magic", "we", or "our") operates an online service that allows you (or "user") to find and customize recipes quickly and easily. We look forward to your participation on our website, and we want to provide you with the terms that govern your use of and participation in our website. By using any of Recipe Magic's services, signing up for an account, posting comments or otherwise viewing any of its webpages, you are indicating that you agree to these terms of use ("Terms"). Please read these Terms in their entirety and do not use Recipe Magic's services or website if you disagree with these Terms.

What We Do

Recipe Magic creates an online community where recipes can be shared and found. You can register for an account with Recipe Magic and actively participate in the community by searching, rating, customizing and commenting on recipes. Anyone, even if not registered as a user, can search the recipes that have been posted.

Our Obligations to You

We are committed to providing you with quality service, enjoyable experiences, and tasty ideas. However, we cannot guarantee that the products, services, or ideas on our website will meet your personal taste or expectations. While we promote high standards and original, quality ideas, it is ultimately up to each Chef or advertiser to share products, services, or ideas that meet your satisfaction. Our role is to provide the software, the forum, and the other means necessary to make sure that you and others have a positive experience in our community.

Your Obligations to Recipe Magic

• Your Account
  • Creating an account with Recipe Magic gives you access to our community and allows you to utilize the "magic" related to our content. Recipe Magic may offer different types of accounts for different types of users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. With your account, you agree not to use user names that are offensive, obscene, or harassing to others. We may require you to change your user name if for any reason we determine that it is necessary to do so.
  • You may close your account at any time by contacting us. Also, we reserve the right to permanently or temporarily terminate or suspend your account or access to our website, without notice or liability to you, including if you violate any provision of these Terms, or for any other or for no reason. Upon termination of your account, you will continue to be bound by these Terms as they relate to your time with an account or as they relate to subsequent contacts with Recipe Magic.
  • You agree to provide us with complete and accurate information when you create your account. Please be sure to update your contact information so we can reach you at all times if necessary. Although we do not require you to do so, we recommend you use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. You agree to keep your account login and password secure. This is important because you are solely responsible for the activity that occurs on your account. You must notify us immediately if you become aware that your account has been compromised in anyway, including any unauthorized use of your account.
• Your Conduct
  • You agree to keep your posts respectable and authentic and agree to not post objectionable content.
  • The following methods of generating visitor interest are prohibited and may be grounds for immediate termination, in addition to other remedies available to Recipe Magic: mailing emails to persons other than those persons who have requested to receive such emails (i.e., spamming), use of unsolicited email or inappropriate newsgroup postings to promote User Media or Recipes, auto-spawning of browsers, or automatic redirecting of visitors, blind text links, misleading links, forced clicks (a person should never be 'forced' to click on an Ad Tag because their browser has been hijacked, or because an Ad Tag has been altered so that it is impossible to close without clicking it), or any other method that may lead to artificially high numbers of delivered clicks or views.
• Your Representations and Warranties
  • You represent and warrant to Recipe Magic that: You understand that all content on Recipe Magic is the property of Recipe Magic, its other users, or a third-party. You agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any content on Recipe Magic (except for your own content) without our permission;
  • All of the information you submit to us is truthful and accurate;
  • You are responsible for the continued accuracy of your information by keeping your information updated;
  • You are the only person who will use your account (meaning you are responsible for the use of your account and for keeping your account information confidential);
  • You are age 18 or older, and you are not prohibited by any laws or agreements with others from using this website;
  • Recipe Magic is not liable for any losses you incur as a result of use of your account, even if wrongfully done by others; and
  • These Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, an account with Recipe Magic, access to our community, and recognition and compensation that may arise as a result of using our services.
• Indemnification
  • You agree to indemnify and hold Recipe Magic, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of our services for any alleged infringement of intellectual property, copyright or other right of any person or entity relating to your account, actions or content, your violation of these Terms, or any other acts or omissions relating to our services.

Privacy

We care about your privacy and security. Of course, to create an account, you will be required to provide us with personal information that we will keep on file. We will also monitor activity on the website to better provide services to you and others. We do not sell your information to others, and your information will only be used for Recipe Magic's purposes. While we work to protect the security of your content and your account, we cannot guarantee that third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

Links and Advertisements

As a courtesy to you, Recipe Magic may offer you links to other websites or may display advertisements, some of which may be affiliated with Recipe Magic while others are not. We are not responsible for the contents of any websites created and maintained by others. Visiting any such third-party website pages is at your own risk. Recipe Magic has no control of these third-party websites, nor does it guaranty anything in connection with these websites. Your use of these websites is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any other websites do not constitute or imply an endorsement by Recipe Magic.

Modifications

Recipe Magic has the right to modify these Terms, its compensation schedule, or its services, including its website and your account, at any time and without notice to you. Continued use of our services or your account indicates that you have accepted and agree to be bound by the modified Terms, compensation schedule or services. Modifications will be effective the day they are posted unless a later effective date is indicated. Recipe Magic also has the right to terminate its services or your account at any time.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Recipe Magic without restriction. If any person or entity desires to have the benefit of these Terms, they can create an account with Recipe Magic. Any attempted transfer or assignment in violation hereof shall be null and void.

Disclaimer of Warranties

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH RECIPE MAGIC (WHETHER PROVIDED BY RECIPE MAGIC OR OTHERS), INCLUDING WITHOUT LIMITATION, WEBSITE CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECIPE MAGIC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limitation of Liability

IN NO EVENT SHALL RECIPE MAGIC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF RECIPE MAGIC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH OUR WEBSITE.

RECIPE MAGIC ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM OR THROUGH OUR SERVICES. RECIPE MAGIC ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS WEBSITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN NO EVENT SHALL RECIPE MAGIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO RECIPE MAGIC OR A VENDOR, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND RECIPE MAGIC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND RECIPE MAGIC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH OUR SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN THESE TERMS OF USE.

Legal Items

Applicable Law. These Terms shall be governed by and construed in accordance with the laws of the State of Utah, despite any conflict of law provisions to the contrary.

Disputes. By using our services, you consent to resolve any disputes associated with these Terms, with Recipe Magic, or with our services in a Utah State Court in Salt Lake County, Utah. If there is a dispute between you and any third-party (such as a party claiming ownership of one of your recipes), these Terms do not obligate us to be involved in any way to help resolve that dispute beyond the provisions outlined in the Copyright section, and nothing contained herein shall be construed as creating a liability on our part for an act or omission of a third-party or other user.

Intellectual Property Rights. Recipe Magic has intellectual property rights in its services and associated content placed on its website. These include, but are not limited to, trademarks and copyrights. You are granted an individual, personal, non-exclusive, non-transferable license to access the content on Recipe Magic's website and to print copies of any content only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any content is prohibited.

Entire Agreement. These Terms and the documents mentioned herein constitute the entire agreement between you and Recipe Magic, superseding all prior agreements between you and Recipe Magic.

No Waiver. The failure of Recipe Magic to exercise or enforce any right or provision of the Terms shall not constitute a waiver of Recipe Magic's said right or provision.

Headings & Construction. The section titles, captions, and headings contained in these Terms are inserted only as a matter of convenience and for reference, and shall in no way be construed to define, limit, or extend the scope of these Terms or the effect of any of its provisions. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

Severability. If any provision or part of a provision of the Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.