Cookooree Terms of Service

Effective December 29, 2020

Unicorn Dream Factory LLC provides Cookooree website and iOS app (collectively "Cookooree") to you subject to the following Terms of Service. By accessing and using Cookooree, you accept and agree to be bound by the terms and provisions of these Terms of Service, which may be updated at any time without notice to you.

These Terms constitute the entire agreement between you and Unicorn Dream Factory LLC ("we" and "us"). They govern your use of Cookooree, superseding any prior version.

Please report any violations to terms@cookooree.com.

Service

We provide you with access to content ("Content"), including but not limited to user-submitted recipes, photos, and messages.

You understand and agree that:

  1. We provide Cookooree and Content "AS IS" at your sole risk. We assume no responsibility for the timeliness, deletion, or failure to store any user communications, data, or settings.
  2. We do not control or warrant Content posted on Cookooree. We do not guarantee the accuracy, integrity, or quality of such Content. While we do our best to encourage Content of high merit, you may be exposed to Content that is not so great. Under no circumstance will we be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Cookooree.
  3. Cookooree contains links to third-party websites. We are not responsible or liable for the availability, accuracy, or quality of the content on third-party websites, nor do these links imply an endorsement of these websites.
  4. We have the right, but not the obligation, at our sole discretion to pre-screen, refuse, or remove any Content we deem offensive, deceptive, or otherwise objectionable.
  5. We have the right, but not the obligation, at our sole discretion to reclaim screen names for any reason, notably to prevent impersonation, confusion, or trademark infringement.
  6. We send email messages to you as part of the Cookooree service. (You can control the amount of email you receive by selecting Update Account in the drop-down menu in the upper right corner of the header.)
  7. Cookooree is an Internet application. By using Cookooree, you may be engaging in interstate communications and data transmissions regardless of where you are physically located at the time of transmission.
  8. We may modify or discontinue Cookooree with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Cookooree service.
  9. We are not under any obligation of confidentiality with respect to the Content you make available on Cookooree.

All right, title, and interest in and to Cookooree are and will remain the exclusive property of Unicorn Dream Factory LLC.

Privacy

We collect and use information about you in order to provide the Cookooree. By accessing and using Cookooree, you consent to the collection and use of this information. We do our best to protect this information in accordance with the Cookooree Privacy Policy. However, We may access, preserve, and disclose this information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims of copyright violation, respond to your requests for customer support, or protect the company, its users, and the general public.

Obligations

You represent that you are of legal age to form a binding contract and are not a person barred from accessing and using Cookooree under the laws of the United States or other applicable jurisdiction.

You are responsible for your use of Cookooree, the Content you submit to Cookooree, and any consequences that may arise as a result. You understand that the Content you submit is publicly available and can be viewed by others.

To protect the integrity of your account, you agree to the following:

  1. You will maintain the confidentiality of your website password and are fully responsible for all activity occurring under your password-protected account, including the submission and posting of Content. You will immediately notify us of any unauthorized use of your account or any other breach of security.
  2. You will not impersonate, mislead, misrepresent, confuse, or deceive others.
  3. You will not use Cookooree to engage in activities that are unlawful, deceptive, harmful, hurtful, hateful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, in any way objectionable, or violates any applicable local, state, national, or international laws.
  4. You will not use Cookooree to infringe any patent, trademark, trade secret, copyright, or any other rights of any party. Nor will you use Cookooree to reveal confidential or proprietary information. You will not upload, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  5. You will not engage in any unauthorized reproduction, duplication, modification, publication, distribution, sale, trade, exploitation, or other use of the materials provided on Cookooree, in whole or in part, including its source code and other software. You will not engage in or allow others to engage in the creation of derivative works. You will not attempt to or engage in reverse engineering, reverse assembly, or other method of discovery involving Cookooree's software. You will not use or attempt to gain unauthorized access to Cookooree.
  6. You will not display, use, modify, or distribute Cookooree's trademarks, trade names, service marks, other logos, brand features, and product names without prior permission from us.
  7. You will not use Cookooree to engage in unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  8. You will not engage in mass account creation or squat on screen names on the website.
  9. You will not interfere with or disrupt Cookooree or disobey any requirements, procedures, policies, or regulations of networks connected to Cookooree, including using any device, software, or routine to bypass our robot exclusion headers. You will not upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, interfere, or limit the functionality of any computer hardware or software.
  10. You will not use graphics and code to disguise the origin of any Content transmitted through Cookooree.
  11. You will not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
  12. You will not hold us liable in any way for any direct, indirect, incidental, consequential, or other damages, including but not limited to damages resulting from the use or inability to use Cookooree.
  13. You are responsible for the hardware, software, and any third-party fees (e.g. airtime charges) involved in accessing Cookooree.
  14. You are responsible for your conduct and any Content that you create, post, or transmit using Cookooree and for any consequences thereof.

Licensing

We do not claim ownership of the Content you make available on Cookoroee. However, by submitting Content to the Service, you grant us a worldwide, royalty-free, and non-exclusive license (with the right to sublicense) in any and all media and by any and all methods.

You grant us:

  1. License to use, distribute, reproduce, modify, adapt, process, transmit, and display Content you post on Cookooree
  2. License for other Cookooree account holders to adapt Content you post and make it their own

Termination

You agree that we may without notice modify, suspend, terminate, or limit your Cookooree account, thereby affecting your access to Cookooree. Cause for such action shall include, but not be limited to, violation of the Terms, request by law enforcement, or request by you.

Termination of your Cookooree account removes access to parts of Cookooree that require an account.

Copyright & Intellectual Property

We respect the intellectual property of others and expect you to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the accounts of those who infringe on others. If you believe that your intellectual property rights have been violated or your work has been copied in a way that constitutes copyright infringement, please provide us with:

  1. a description of the intellectual property or copyrighted work that you claim has been infringed
  2. the location where the material that you claim is infringing can be found on Cookooree
  3. a written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law
  4. a written statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright or intellectual property owner or authorized agent acting on the owner's behalf
  5. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  6. your mailing address, telephone number, and email address

Send this information to our agent for notice of claims of copyright or other intellectual property infringement via email to copyright@cookooree.com or mail to Unicorn Dream Factory LLC, P. O. Box 193612, San Francisco, CA 94119.

Indemnity

You agree to indemnify and hold harmless Unicorn Dream Factory LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from and against any third party claim connected with your use of Cookooree or Content, violation of the Terms, or any other actions connected with use of Cookooree or Content, including any liability or expense arising from all claims, damages, losses, suits, judgements, litigation costs, and attorney's fees, of every kind and nature.

Miscellany

You understand and agree that:

  1. The Terms and the relationship between you and Unicorn Dream Factory LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and Unicorn Dream Factory LLC, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Unicorn Dream Factory LLC agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  2. The failure of Cookooree to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
  3. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Cookooree or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  4. Your agreement to the Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Cookooree in an authorized manner.
  5. You are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
  6. The formatting and section titles in the Terms are for convenience only and have no legal or contractual effect.