Thank you for using DataCook! By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Terms
Effective date: May 25, 2018 ( view archived versions )
A. Definitions
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Use” or the "Terms") and all other operating rules, policies (including the DataCook Privacy Policy, available at datacook.org/footer/privacy/datacook-privacy) and procedures that we may publish from time to time on the Website.
- The “Service” refers to the applications, software, products, and services provided by DataCook.
- The “Website” refers to DataCook’s website located at datacook.org, and all content, services, and products provided by DataCook at or through the Website. It also refers to DataCook-owned subdomains of datacook.org. Occasionally, websites owned by Red Onion, LLC. may provide different or additional Terms of Use. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
- “The Member,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A Member must be at least 13 years of age.
- “DataCook,” “We,” and “Us” refer to Red Onion, LLC., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Content” refers to content featured or displayed through the Website, including without limitation text, information, data, URI, URL, articles, images, photographs, graphics, videos, music, sound, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “Member-Generated Content” is Content, written or otherwise, created, uploaded or requested by our Members. "Your Content" is Content that you create or own (including, but not limited to, requested and saved Content through the Service from URI that you saved in the Data Farm).
- An "Account" represents your legal relationship with DataCook. A “Member Account” represents an individual Member’s authorization to log in to and use the Service and serves as a Member’s identity on DataCook. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Members where multiple Members can collaborate across many projects at once. A Member Account can be a member of any number of Organizations.
- “Recipe” refers to Content which you save in the Recipe Book (https://datacook.org/recipe), including code, tips, tags, and other materials that are available on the Website.
- “Data” refers to the Content which you save in the Data Farm (https://datacook.org/data), including tags, URI request, documentation, and other materials that are available on the Website.
- “Microsite” refers to the application which automatically operates on the DataCook by Members’ Recipes, Data and order.
B. Account Terms
Short version: Member Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
1. Account Controls
Members. Subject to these Terms, you retain ultimate administrative control over your Member Account and the Content within it.
Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage Member access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one Member Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
2. Required Information
You must provide a valid email address and password in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
3. Account Requirements
We have a few simple rules for Member Accounts on DataCook's Service.
- You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
- A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple Members may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free Member Account.
- One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
- You must be age 13 or older. While we are thrilled to see brilliant young Data Cooks get excited by learning to data, we must comply with United States law. DataCook does not target our Service to children under 13, and we do not permit any Members under 13 on our Service. If we learn of any Member under the age of 13, we will terminate that Member’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Member Accounts as your subscription allows.
4. Member Account Security
You are responsible for keeping your Account secure while you use our Service. The content of your Account and its security are up to you.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
- You are responsible for maintaining the security of your Account and password. DataCook cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify DataCook(webmaster@datacook.org) if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
5. Open Additional Account
DataCook service belongs to Red Onion, LLC. and these accounts are integrated together to provide you better membership service. You agree to open our membership service (redonion.us) when you create a DataCook Account, share your information with redonion.us and the Red Onion terms and conditions.
6. Additional Terms
In some situations, third parties' terms may apply to your use of DataCook. For example, you may download an application that integrates with DataCook; or you may use DataCook to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
7. Access Through a SNS
If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing the Service to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Service and/or grant the Service access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Service to pay any fees or making the Service subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS
8. Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Service, including but not limited to, a mobile device that is suitable to connect with and use the Service, in the event you are using the Service on a mobile device. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
C. Acceptable Use
Short version: DataCook hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our Members can work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Content Restrictions
You agree that you will not under any circumstances upload, post, host, request, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using DataCook, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including DataCook employees, officers, and agents, or other DataCook Members;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with DataCook's servers in ways that could harm our Website or Service, to place undue burden on DataCook's servers through automated means, or to access DataCook's Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with DataCook, or by fraudulently misrepresenting your identity or site's purpose; or
- violate the privacy of any third party, such as by posting another person's personal information without consent.
4. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without DataCook's express written permission.
5. Scraping
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through DataCook's API. Please see Section H for our API Terms. You may scrape the website for the following reasons:
- Researchers may scrape public, non-personal information from DataCook for research purposes, only if any publications resulting from that research are open access.
- Archivists may scrape DataCook for public data for archival purposes.
You may not scrape DataCook for spamming purposes, including for the purposes of selling DataCook Members' personal information, such as to recruiters, headhunters, and job boards.
All use of DataCook data gathered through scraping must comply with the DataCook Privacy Policy.
6. Privacy
Misuse of DataCook Members' Personal Information is prohibited.
Any person, entity, or service collecting data from DataCook must comply with the DataCook Privacy Policy, particularly in regards to the collection of our Members' Personal Information (as defined in the DataCook Privacy Policy). If you collect any DataCook Member's Personal Information from DataCook, you agree that you will only use the Personal Information you gather for the purpose for which our Member has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from DataCook, and you will respond promptly to complaints, removal requests, and "do not contact" requests from DataCook or DataCook Members.
7. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other DataCook customers, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.
8. Member Protection
You agree not to engage in activity that significantly harms our Members. We will resolve disputes in favor of protecting our Members as a whole.
D. Member-Generated Content
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.
1. Responsibility for Member-Generated Content
You may create or upload Member-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any Member-Generated Content that you post, upload, request, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your Member-Generated Content.
2. DataCook May Remove Content
We do not pre-screen Member-Generated Content, but we have the right (though not the obligation) to refuse or remove any Member-Generated Content that, in our sole discretion, violates any DataCook terms or policies.
3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other DataCook Members — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting DataCook the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers unless other Members have remade it.
4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, request it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other Members; parse it into a search index or otherwise analyze it on our servers; share it with other Members; and perform it, in case Your Content is something like music or video.
This license does not grant DataCook the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
5. License Grant to Other Members
Any Member-Generated Content you post publicly, including discussions, comments, documentations, and contributions to other Members' contents, may be viewed by others. By setting your contents to be viewed publicly, you agree to allow others to view and "Remake" your contents (this means that others may make their own copies of Content from your Content).
If you use open contents to be viewed publicly, you grant each Member of DataCook a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, display, integrate, activate, and perform Your Content through the DataCook Service and to reproduce Your Content solely on DataCook as permitted through DataCook's functionality (for example, through Remake). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other DataCook Members.
6. Contributions Under DataCook License
Whenever you make a contribution publicly, you license your contribution under the DataCook License Terms, and you agree that you grant us and our legal successors the right to license your contribution under those terms. But private contribution belongs entirely to you. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede. You are responsible for ensuring that private contribution you set to be viewed publicly is licensed under the DataCook License terms.
7. Moral Rights
You retain all moral rights to Your Content that you upload, publish, request, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant DataCook the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
E. Private Contents
Short version: We treat the private contents as Confidential, and we only access it for support reasons, with your consent, or if required for security reasons.
1. Control of Private Contents.
Some Accounts, such as paid Accounts, may have private functions, which allow the Member to control access to Content.
2. Confidentiality of Private Contents.
DataCook considers the private contents to be confidential to you. DataCook will protect the private contents from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
3. Access.
DataCook employees may only access the private contents in the following situations:
- With your consent and knowledge, for support reasons. If DataCook accesses a private content for support reasons, we will only do so with the owner’s consent and knowledge.
- When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of DataCook's systems and Service.
You may choose to enable additional access to your private contents. For example:
- You may enable various DataCook services or features that require additional rights to your private contents. These rights may vary depending on the service or feature, but DataCook will continue to treat your private Content as confidential. If those services or features require rights in addition to those we need to provide the DataCook Service, we will provide an explanation of those rights.
4. Exclusions.
If we have reason to believe private contents violate the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private repositories.
F. Copyright Infringement and DMCA Policy
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on DataCook violates your rights, please contact us by emailing copyright@datacook.org. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the Accounts of repeat infringers of this policy.
G. Intellectual Property Notice
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
1. DataCook's Rights to Content
DataCook and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Red Onion, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from DataCook.
H. API Terms
Short version: You agree to these Terms of Use, plus this Section H, when using any of DataCook's APIs (Application Provider Interface), including use of the API through a third party product that accesses DataCook.
No Abuse or Overuse of the API
Abuse or excessively frequent requests to DataCook via the API may result in the temporary or permanent suspension of your Account's access to the API. DataCook, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed DataCook's rate limitations.
You may not use the API to download data or Content from DataCook for spamming purposes, including for the purposes of selling DataCook Members' personal information, such as to recruiters, headhunters, and job boards.
All use of the DataCook API is subject to these Terms of Use and the DataCook Privacy Policy.
DataCook may offer subscription-based access to our API for those Members who require high-throughput access or access that would result in the resale of DataCook's Service.
I. Applications
Short version: You need to follow certain rules if you create an application for other Members.
1. Creating Applications
If you create a third-party application or a Microsite (or any part of it) that collects Member Personal Information or Member-Generated Content and integrates with the Service through DataCook's API, OAuth mechanism, Data Farm, or otherwise, and make it available for other Members, then you must comply with the following requirements:
- You must comply with this Agreement and the DataCook Privacy Policy.
- Except as otherwise permitted, such as by law or by a license, you must limit your usage of the Member Personal Information or Member-Generated Content you collect to that purpose for which the Member has authorized its collection.
- You must take all reasonable security measures appropriate to the risks, such as against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, presented by processing the Member Personal Information or Member-Generated Content.
- You must not hold yourself out as collecting any Member Personal Information or Member-Generated Content on DataCook’s behalf, and provide sufficient notice of your privacy practices to the Member, such as by posting a privacy policy.
- You must provide Members with a method of deleting any Member Personal Information or Member-Generated Content you have collected through DataCook after it is no longer needed for the limited and specified purposes for which the Member authorized its collection, except where retention is required by law or otherwise permitted, such as through a license.
2. Using Microsites and Third-Party Applications
You may grant a Microsite authorization to use, access, and disclose your contents, including your private contents. Some Microsites can be used for performing automated tasks, and often multiple Members may direct the actions of a Microsite. However, if you purchase and/or set a Microsite on your Account, or you are an owner of an Account with an integrated Microsite, then you will be responsible for the Microsite's actions that are performed on or through your Account. The Member who activates a Microsite provides the Microsite “as is” and “as available,” without warranty of any kind. Without limiting this, the Member expressly disclaims all warranties. Please see our Privacy Policy Using Third-Party Applications and Microsites.
DataCook makes no warranties of any kind in relation to Microsites and is not liable for disclosures to third parties that you authorize to access Your Content. Your use of any applications (including any links or connections to third party sites) is at your sole risk.
J. Advertising on DataCook
Short version: We do not generally prohibit use of Your Board for advertising. However, we expect our Members to follow certain limitations, so Your Board does not become a spam haven. No one wants that.
1. DataCook Boards
We offer boards sites primarily as a showcase for personal and organizational projects. Some monetization efforts are permitted on boards, such as donation buttons and crowdfunding links.
2. The Recipe Book and the Data Farm
The Recipe Book and the Data Farm are intended to host Content. You may include static images, links, and promotional text, but they must be related to the project you are creating on DataCook.
You may not advertise in other Members' Contents, such as by posting monetized or excessive bulk content in discussions.
3. Spamming and Inappropriate Use of DataCook
Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any DataCook terms or policies.
K. Payment
Short version: You are responsible for any fees associated with your use of DataCook. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
1. Pricing
Our pricing and payment terms are available at datacook.org/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
2. Upgrades, Downgrades, and Changes
- We will immediately bill you when you upgrade from the free plan to any paying plan.
- If you change from a monthly billing plan to a yearly billing plan, DataCook will bill you for a full year at the next monthly billing date.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
- You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.
3. Billing Schedule; No Refunds
- For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period.
- In order to treat everyone equally, no exceptions will be made.
4. Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for DataCook.
5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay DataCook any charge incurred in connection with your use of the Service. If you dispute the matter, contact DataCook Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
L. Cancellation and Termination
Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.
1. Account Cancellation
You agree to cancel your Account when you cancel your Red Onion Account (redonion.us). It is your responsibility to properly cancel your Account with DataCook. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. We are not able to cancel Accounts in response to an email or phone request.
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and your Content of the Recipe Book and the Data Farm within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
We will not delete Content that you have contributed to other Members or that other Members have remade through the Remake function on DataCook.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
3. DataCook May Terminate
DataCook has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. DataCook reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
M. Communications with DataCook
Short version: We use email and other electronic means to stay in touch with our Members.
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to DataCook Must Be in Writing
Communications made through email or DataCook Support's messaging system will not constitute legal notice to DataCook or any of its officers, employees, agents or representatives in any situation where notice to DataCook is required by contract or any law or regulation. Legal notice to DataCook must be in writing.
3. No Phone Support
DataCook only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
N. Disclaimer of Warranties
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
DataCook provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
DataCook does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
O. Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your Member-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other Member interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
P. Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Members, you agree to release DataCook from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that DataCook (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases DataCook of all liability); and (3) provides to you all reasonable assistance, at your expense.
Q. Changes to These Terms
Short version: We want our Members to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify Members of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. We will notify our Members of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Use.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
R. Miscellaneous
1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and DataCook and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Oregon, without regard to conflict of law provisions. You and DataCook agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Washington, Oregon.
2. Non-Assignability
DataCook may assign or delegate these Terms of Use and/or the DataCook Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of DataCook to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of DataCook, or by the posting by DataCook of a revised version in accordance with Section R. Changes to These Terms. These Terms of Use, together with the DataCook Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and DataCook relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
6. Questions
Questions about the Terms of Use? Contact us.