GobbledyBook Terms of Service

Last Updated: June 21, 2009

GobbledyBook is a web-based cookbook search service centered around the website gobbledybook.com (the "Service"). These Terms of Service govern your use of the Service. By visiting the website ("Site") or using the Service you agree to abide by these Terms of Service and any modifications that may be made to the Terms of Service (collectively, the "Terms") from time to time; if at any time you do not agree to these Terms, you should not use the Service, or visit the Site.

These Terms constitute a binding legal agreement between you and GobbledyBook ("we," "us," and "our"). Please read them carefully.

Changes to the Terms. GobbledyBook may occasionally update these Terms. When we do, we will revise the "last updated" date on the Terms, and you may view the most current version at http://gobbledybook.com/terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed about any changes to it. By continuing to use the Service, you consent to any updates to these Terms. This version of the Terms supersedes all earlier versions, and comprises the entire agreement between you and GobbledyBook regarding the Service.

YOUR USE OF THE SERVICE

1. The Service. GobbledyBook provides, through the Service, a set of search tools, designed to make it easier for the public to find recipes in a cookbook collection. While we strive to publish the most accurate and up-to-date information, we cannot guarantee any accuracy of the material on the Site, so please double-check any information before relying on information on our Site.

2. Eligibility. You must be 13 years old and a resident of the United States to use the Service. By using the Service, you represent and warrant that you are 13 years of age or older.

3. Registration. You must register for and maintain an account to access certain features of the Service. If you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Site ("Registration Data"); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Site; and (c) maintain and promptly update the Registration Data, and any other information you provide to GobbledyBook, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security.

4. Limited License. GobbledyBook grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, the Service and the materials provided hereon, and to download or print content displayed on our Site provided that you comply fully with these Terms. The contents of the Site are only for your personal, noncommercial use. You will not interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.

5. Fees for Service. A basic user account is free. We reserve the right to charge fees for access to the Service. We will notify users either by email or by a change in these Terms at least 30 days before imposing any fee for use of the Service.

6. Mobile Content. Certain features of the Service may allow you to opt-in to receive content and messages via your mobile device, which may be subject to carrier charges. For this reason, we recommend that you review your wireless plan or contact your carrier about pricing before using this feature of the Service. GobbledyBook will not be responsible for any data charges incurred in connection with the Service. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that there is no transmission of data from the Service to the person that acquires your old number.

7. Termination. You may cancel your account at any time. Likewise, GobbledyBook may terminate your account at any time, for any reason.

8. Prohibited Uses. You will not:

  1. interfere with anyone else's use of the Service;
  2. use the Service to send spam, chain letters, contests, junk mail, pyramid schemes, surveys, or other mass messaging, whether commercial or not;
  3. use this Service for any unauthorized commercial purpose;
  4. keyword spam, or use the Service to manipulate search engine results of another site or service;
  5. reverse engineer any portion of the Site;
  6. record, mine, or process information about other users;
  7. access, monitor, or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  8. violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
  9. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  10. deep-link to any portion of the Service (including, without limitation, the direct link to a coupon) for any purpose without our express written permission;
  11. "frame", "mirror" or otherwise incorporate any part of the Service into any other website without our prior written authorization; or
  12. intentionally or unintentionally violate any applicable local, state, national or international law or regulation.

9. Submissions. You acknowledge and agree that any materials or information, including questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, provided by you in the form of email or other submissions to GobbledyBook (excluding material that you post on the Service in accordance with these Terms), are non-confidential and shall become the sole property of GobbledyBook. GobbledyBook will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. GobbledyBook appreciates your contributions to our Service; however, you will not receive compensation for any material you submit to the Service.

10. Interactive Services. The Service includes interactive features and services, which may include user-to-user networking functionality, chat rooms and forums, message boards, review functionality, and similar services, in which you or third parties may send messages to other users of the Service, and create, post, or store profile data, pictures, reviews, and other content on the Service ("Interactive Services"). You are solely responsible for your use of Interactive Services and use them at your own risk.

You are responsible for the materials you post or direct us to post to the Service. GobbledyBook takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is GobbledyBook liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the site or in your dealings with other service users. You assume all risks associated with any material you post on the Service, including information posted by you that makes you personally identifiable. You will not imply that GobbledyBook endorses your material. BECAUSE YOU ARE RESPONSIBLE FOR THE MATERIAL YOU POST TO THE SERVICE, YOU MAY EXPOSE YOURSELF TO LIABILITY FOR POSTING YOUR MATERIALS. ALSO, WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY USE OF THE INFORMATION YOU POST OR REQUEST US TO POST TO THE SITE. PLEASE CONSIDER WHETHER YOU WANT THIS INFORMATION PUBLISHED BEFORE YOU PROVIDE IT TO US AND OPT-IN TO THESE ACCOUNT SETTINGS.

By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:

    a. material that you know to be untrue, false, or misleading;

    b. material that is unlawful, libelous, defamatory, obscene, pornographic or involves nudity, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

    c. material that violates, or that causes GobbledyBook or its affiliates or subsidiaries to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;

    d. material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;

    e. private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;

    f. material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such material is allowed);

    g. viruses, corrupted data, or other harmful, disruptive, or destructive files; or

    h. material that, in the sole judgment of GobbledyBook, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Site, or which may expose GobbledyBook, the Service, or its users to harm or liability of any nature.

Although GobbledyBook has no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, GobbledyBook reserves the right, and has absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.

If you post material on or through the Service, then, unless GobbledyBook indicates otherwise, you (a) grant GobbledyBook and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material on the Service; (b) grant GobbledyBook and its affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if they choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Site; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for GobbledyBook or third parties.

11. Our Advertisers. The Site may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than GobbledyBook, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

12. Dealings with Site Users. Your transactions, dealings, and correspondence with, or participation in promotions of, persons who place, respond to, or are named or referenced in materials, and any terms, conditions, warranties, or representations associated with such transactions, dealings, and correspondence, are solely between you and such third party. GobbledyBook is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, transactions, or correspondence. If you enter into any kind of transaction with a Site user or other third party, GobbledyBook and its subsidiaries and affiliates are not responsible or liable for any action or inaction of you or any other party to such a transaction.

13. Investigations. GobbledyBook reserves the right to exercise whatever lawful means it deems necessary to investigate violations of these Terms. We may forward such information to the appropriate authorities.

14. Copyright Policy: In accordance with the Digital Millennium Copyright Act and other applicable law, GobbledyBook maintains a policy of terminating, in appropriate circumstances and at GobbledyBook's sole discretion, account holders who are deemed to be repeat infringers. GobbledyBook may also at its sole discretion limit access to the Site to any users and/or terminate the accounts of any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any content on the Site infringes upon any copyright that you own or control, you may file a notice of infringement with GobbledyBook's designated agent as set forth below.

Name of agent designated to receive notification of claimed infringement: Lara Ferroni

Full address of designated agent to whom notice should be sent:

1905 E. Blaine St
Seattle, WA
98112

Telephone number of designated agent: 206-218-7516
Email Address of designated agent: lara [at] ferroni.net

GobbledyBook may give notice of a claim of copyright infringement to users of the Service by means of a general notice on the Site, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's address in its records.

15. Feedback. We appreciate feedback regarding the Service, including identifying potential errors and improvements. Feedback provided to GobbledyBook in connection with the Service may be used by GobbledyBook to improve or enhance the Service and, accordingly, to the extent you submit feedback, you hereby grant GobbledyBook a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.

16. Trademarks. GobbledyBook, the GobbledyBook logo and any other product or service name or slogan contained on the Site and in any content are trademarks of GobbledyBook and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GobbledyBook or the applicable trademark holder. All other trademarks, registered trademarks, photos, illustrations, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by GobbledyBook.

17. Third-Party Content. The Site may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. GobbledyBook does not monitor, endorse, or adopt, or have any control over, any Third-Party Content. GobbledyBook undertakes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web sites or Third-Party Content to which you navigate from the Site. You access and use Third-Party Content at your own risk.

18. Indemnification. You will defend, indemnify and hold harmless GobbledyBook, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

19. Privacy Policy. For information about GobbledyBook's privacy practices, please read GobbledyBook's privacy policy at http://GobbledyBook.com/privacypolicy. The privacy policy explains how GobbledyBook treats your personal information when you use the Service.

20. DISCLAIMER OF WARRANTIES. YOUR USE OF THE SITE OR SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SITE USERS, IS AT YOUR SOLE RISK. THE SITE, SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SITE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOBBLEDYBOOK AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GOBBLEDYBOOK DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE, THE SITE, OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THE SERVICE WILL CREATE ANY WARRANTY REGARDING GOBBLEDYBOOK THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

21. LIMITATION OF LIABILITY. NEITHER GOBBLEDYBOOK NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GOBBLEDYBOOK OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE MAXIMUM TOTAL LIABILITY OF GOBBLEDYBOOK AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $200. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22. Restrictions on Access. Notwithstanding any provision of these Terms, GobbledyBook reserves the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block, restrict, and prevent your future access to, and use of, the Site. Additionally, GobbledyBook reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Site and the Service without notice in its sole discretion. Neither GobbledyBook nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Site or the Service.

23. Consent to Electronic Communications. By registering for the Service, you consent to receiving electronic communications from GobbledyBook. These communications may include notices about your Site account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that GobbledyBook sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

24. General Legal Notices.

  1. GobbledyBook's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.
  2. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect.
  3. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect.
  4. Any provision in these Terms that by its nature should survive the termination of your license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
  5. You may not assign, transfer, or sublicense any of your rights under this Agreement without GobbledyBook's prior written consent. These Terms may be assigned by GobbledyBook without restriction.
  6. These Terms are governed by the laws of the State of Washington, excluding conflict of laws principles.
  7. Any controversy or claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
  8. These Terms constitute the entire agreement between you and GobbledyBook concerning the Site and the Service.
  9. These Terms supersede all prior agreements or communications between you and GobbledyBook regarding the subject matter of these Terms.

25. Questions & Contact Information. If you have any questions or concerns about the Site, the Service, or these Terms, you may contact GobbledyBook at lara [at] ferroni.net