Personal Recipe Terms of Use
Welcome to Recipe Box (hereinafter the “Recipe Box”), which is a unique part of the FoodNetwork.com website operated by Television Food Networks, G.P. (“Company”). The use of Recipe Box is subject to the following Terms of Use (“Terms of Use”). To the extent these Terms of Use conflict with any other legal notice on the FoodNetwork.com website, these Terms of Use will control.
USER CONTENT
Recipe Box may now or in the future permit you and other users to post, upload, transmit through, or otherwise make available messages, text, recipes, files, images, illustrations, photos, comments, sounds, video, and/or other materials (“User Content”). Subject to the license you have granted herein, you retain all right, title and interest in and to your User Content. You understand that whether or not such User Content is published, Company does not guarantee any confidentiality with respect to User Content. Also, you acknowledge that you are aware that Company has limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties. You are responsible for protecting your intellectual property rights. Company cannot and does not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.
You shall not post, upload, transmit through, or otherwise make available on Recipe Box any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the respective right. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, proprietary right, or any other harm resulting from such a submission.
You represent, warrant, and covenant that you will not post, upload, or transmit through Company any material that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity;
(ii) is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise objectionable,
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law,
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) is a message posted by a user impersonating another;
(vi) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; or
(vii) is a chain letter of any kind.
Moreover, any conduct by a user that in Company's sole discretion restricts or inhibits any other user from using or enjoying Recipe Box will not be permitted.
By submitting User Content to Company, simultaneous with such posting you automatically grant, or warrant that the owner of such material has expressly granted, to Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), display, perform, transmit, and publish User Content (in whole or in part) as Company, in its sole discretion, deems appropriate including, without limitation, (1) in connection with Recipe Box and Company’s business; and (2) in connection with the websites and businesses of Company’s successors, parents, subsidiaries, and their related companies. The above grant may be exercised in any format, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant users permission to access your User submissions and to use, reproduce, distribute, create derivative works based upon, display, perform, transmit, and publish your User Content for personal, non-commercial use as permitted by Recipe Box’s functionality and these Terms of Use. The above grants are provided for good and valuable consideration including, without limitation, the possibility of publication or publicity, the receipt and sufficiency of which are hereby acknowledged.
By submitting User Content to Company, you also grant Company the right, but not the obligation to use your name and geographical location (e.g. city and state) in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
Company reserves the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of distribution partners and third-party service providers (including their downstream users) of Company, its representatives, and assigns.
Company shall have the right, but not the obligation, to monitor the User Content. Company shall have the right in its sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, relating to, or in any way connected with:
(i) your use of and access to Recipe Box;
(ii) User Content provided by you or through use of your membership;
(iii) any actual or alleged violation or breach by you of these Terms of Use or any Company policies;
(iv) any breach of any representation, warranty, or covenant that you made hereunder; (v) your violation of any intellectual property right including, without limitation, any copyright, trademark, patent, trade secret, moral right, or other proprietary right;
(v) an allegation that your User Content was obscene, defamatory, libelous, slanderous, fraudulent or threatening;
(vi) your violation of a third party’s right of privacy or publicity; and
(vii) any claim that your User Content caused damage to a third party.
COPYRIGHT POLICY
Company respects others’ intellectual property rights and expects its users to do the same. In appropriate circumstances and at its sole discretion, Company may terminate the membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, Company may remove, or disable access to, material on its website or hosted on its systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Company will respond promptly to claims of copyright infringement that are reported to the agent that Company has designated to receive notifications of claims infringement (its “Designated Agent”). Company’s Designated Agent is:
David JB Arroyo
Scripps Networks, LLC
1180 Avenue of the Americas
New York, NY 10036
(phone) (212) 549-2889
(fax) (212) 549-8589
darroyo@scrippsnetworks.com
If you are a copyright owner, or authorized to act on behalf of the copyright owner, and believe that your work’s copyright has been infringed, please report your notice of infringement to Company by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. Before reporting your notice of infringement, you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes.
MISCELLANEOUS
Company reserves the right in its sole discretion, at any time without notice and for any reason, to modify these Terms of Use or any related terms and conditions governing your use of Recipe Box. All modified terms and conditions will be effective immediately upon posting of the revised Terms of Use. It is your responsibility to review the Terms of Use from time to time for any changes. Your access and use of Recipe Box following any revision of these Terms of Use will signify your assent to and acceptance of the revised Terms of Use.