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» Home
» Terms of Use
Terms of Use
(Valid since 13/02/2008)
1. Introduction
This document sets out the terms of use of the website http://www.CooksUnited.co.uk (referred to as “the site” or “the domain”), whether as a guest or a registered user (referred to as “you” or “the user”)
Please read these terms of use carefully before you start to use the site. By using the site, you agree to be bound by these terms. If you do not agree to these terms please refrain from using the site.
These terms may change from time to time and you should check them regularly. Your continued use of the site is acceptance of the updated or amended terms. If there is any conflict between these terms and any other content of the site it is these terms that prevail.
2. Purpose of the site
The domain www.CooksUnited.co.uk is owned by Pixelhouse GmbH (referred to as “Pixelhouse” or “CooksUnited”).
The site is focused on the subject of cooking, kitchen, households and other related topic areas. CooksUnited provides the platform for these topics and user community areas.
CooksUnited offers a platform for users of the site to communicate. Users are able to upload and share recipes and to be involved in community forums. The community forum is intended to enable users to undertake social networking with each other and to make contributions to the online community forums.
Users may use all forums and interactive areas for non-commercial purposes only.
3. INFORMATION ABOUT US
Pixelhouse GmbH is a limited company registered in Germany under company number HRB15428 District Court Koblenz, Germany and we have our registered office and main trading address at Pixelhouse GmbH, Rastenweg 16, 54389 Sinzig, Germany. Our VAT number is DE814066656.
4. Third-Party Content & Services
As well as providing content produced by CooksUnited, such as magazine articles, the site provides external links and includes content of third parties (“Third-Party Content”) as an additional service. This content is provided for your own information.
CooksUnited has no influence on the design and contents or resources of third party internet web sites and does not endorse or adopt any Third-Party Content and is not responsible for the accuracy or completeness of Third-Party Content. CooksUnited cannot vouch for the identity of third parties and it is for the user to satisfy him or herself as to the respectability of any third party or of any product or service offered by that third party.
Users use hyperlinks and Third-Party Content on the site and contained on other sites accessed by way of hyperlink at their own risk.
5. Registration
Registration is free for every user. It is necessary to register if a user wishes to:
You can register at http://www.CooksUnited.co.uk/register/index.php. You must enter a valid email address and a user name of your choice. A password is chosen by you, which enables you to make use of the offered services and change your personal data. The user hereby undertakes to treat such information as confidential and not to reveal the password to third parties. Users are not allowed to have more than one user profile.
6. Availability and Use of Service
Access to the site is permitted on a temporary basis, and CooksUnited reserves the right to withdraw, change, modify, add, remove or amend the service provided on the site without notice. CooksUnited will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, CooksUnited may also restrict access to some parts of the site, or the entire site, to users.
If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, the user must treat such information as confidential, and must not disclose it to any third party. CooksUnited have the right to disable any user identification code or password, whether chosen by a user or allocated by us, at any time, if in CookUnited’s opinion the user has failed to comply with any of the provisions of these terms of use.
The user is responsible for making all arrangements necessary to have access to the site, for ensuring that all persons who access the site through that user’s internet connection are aware of these terms, and that they comply with them.
7. User Conduct
The rules and standards of behaviour for every user of the CooksUnited site and services are as follows:
The user shall not:
The following content is not accepted or tolerated:
Contributions must:
The user must comply with the rules on Netiquette as set out below.
8. Netiquette
In addition to the user conduct provisions set out at point 7 above all users must acknowledge and follow the rules below when accessing the site, emailing, messaging and posting. Politeness and tolerance are the most important aspects when exchanging opinions and ideas with other users online. Our basic rules for appropriate behaviour and use of the site are as follows:
Rudeness and personal attacks in forums, groups or internal messages are not tolerated and are a violation against the General Terms of Use. If a user wishes to communicate about a topic which is very important to him or her, a firm but polite tone must be adopted in order to make a point come across appropriately. The same rules of behaviour apply to sending private messages to other users.
The user also agrees:
9. Proprietary Rights
All Website materials, including, without limitation, the CooksUnited logo, design, text, graphics, other content and files, and the selection and arrangement thereof are protected by copyright and are the proprietary property of CooksUnited or its affiliates, licensors or users and all intellectual property rights are reserved.
“CooksUnited,” and all other trademarks on the site (including all page headers, custom graphics, button icons, and scripts) are either trademarks or registered trademarks of CooksUnited, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CooksUnited. All other trademarks, registered trademarks, product names and company names or logos mentioned on the site are the property of their respective owners.
Every user may access and use this site for informational and non-commercial, personal use only and provided that the user keeps all copyright or other proprietary notices intact. Any other use of the materials on the site without obtaining a licence to do so from CooksUnited or, where appropriate, our licensors is strictly prohibited.
10. Users Contributions
Whenever you upload material to the site or make contact with other users of the site, you must comply with the standards set out in these general terms of use. You warrant that any such contribution does comply with those standards, and you indemnify CooksUnited for any breach of that warranty.
CooksUnited will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
CooksUnited have the right to remove any material or posting you make on the site if, in CooksUnited’s opinion, such material does not comply with the content standards set out in these general terms of use.
By uploading any contribution to the site you are agreeing to grant to CooksUnited the right to use the material in any way it wants for any purpose free of charge. This includes, but is not limited to, copying, modifying, publishing, (including in daily and monthly newsletters, “Recipe of the Day” and RSS feeds) and sharing with third parties for any purpose. We normally show your name with your contribution but we are not obliged to. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights or of their right to privacy.
Where you terminate your use of the interactive services of the site or CooksUnited withdraws or otherwise restricts your use of the site your content may remain on the site and third parties shall have the right to retrieve such content and to offer such content for download on other websites.
You warrant that you have all necessary rights, power and authority to give CooksUnited permission to use your contribution in this way and you indemnify CooksUnited for any breach of warranty.
11. Links
The posting of links is only permitted if the information adds value to a particular forum or discussion and provided the user has first obtained the consent of the third party to whom the link belongs.
CooksUnited or any relevant forum moderator will decide in its or their discretion upon the legitimacy of individual cases regarding a link once information has been received and reviewed.
CooksUnited nevertheless reserves the right to delete links for any reason and without any further notice even where these links had been previously approved.
The user who posted the links warrants that she/he has checked and will continue to oversee the content of those links to ensure that the links comply with the standards set out in these terms and conditions and the user indemnifies CooksUnited for any breach of that warranty.
CooksUnited ask all users to immediately inform them if there are or believe there may be any illegal or illegitimate threads, contributions, links or other offences against the General Terms of Use by emailing us to CooksUnited Support
12. Linking to the Site
The user may link to the CooksUnited home page, provided the user does so in a way that is fair and legal and does not damage the reputation of CooksUnited or take advantage of it, but the user must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of CooksUnited where none exists.
Users must not establish a link from any website that is not owned by the user.
The CooksUnited site must not be framed on any other site, nor may the user create a link to any part of the site other than the home page. CooksUnited reserve the right to withdraw linking permission without notice. The website from which the user is linking must comply in all respects with the content standards set out herein
If the user wishes to make any use of material on the site other than that set out above, please address the request to CooksUnited Support
13. Disclamer and Limitation of Liability
The material displayed on the site is provided without any guarantees, conditions, representations or warranties as to its accuracy, completeness, reliability, or whether it is current, or error-free; Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed; The majority of the content is provided by members of the public and the contents and any opinions expressed are that of the contributor and not that of CooksUnited. Any links to third party websites are not an endorsement of that site by Cooks United and any use of such sites is at the users own risk.
CooksUnited therefore disclaim all liability and responsibility arising from any reliance placed on materials by any visitor to the site, or by anyone who may be informed of any of its contents and every user agrees to use the site and/or its content entirely at his or her own risk.
CooksUnited does not represent or warrant that the site or its server(s) are free of viruses or other harmful components. The user acknowledges that it is his/her responsibility to implement sufficient procedures and virus checks (such as anti-virus and security checks) and the user’s use of the web site and content is at entirely at his/her own risk.
CooksUnited reserves the right to change any and all content contained on this web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CooksUnited. To the extent permitted by law, CooksUnited, other members of our group of companies and third parties connected to us hereby expressly exclude:
This does not affect CooksUnited liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The user further agrees that if he or she does have or believes he or she has a dispute with CooksUnited he or she will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
14. Moderators/Administrators
The interactive services on the site may be moderated.
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Administrators and Moderators have the right to decide whether a user contribution may or may not fit into a specific area or forum and therefore in their sole discretion have the right to delete or move a contribution without further reasoning or explanation.
Any forum may be supported by Administrators and Moderators. They decide upon topics and deletion or movement of content and seek to ensure that all comments accord with these General Terms of Use.
The Moderators are entitled to report users to the CooksUnited Administration team and may block a user and/or delete an entire forum and/or thread. These actions are taken with a view to maintaining a polite and amenable environment for all users in all forums and no Moderator has to explain or justify any actions taken. Administrators and Moderators do their job in the interest of all users and deserve respect and support.
The following rules are also valid for groups (if applicable) which have been formed inside the community, where the founder takes the role as Moderator and Administrator. He or she is obliged to overlook all actions within his or her founded group to ensure a complaint environment and s/he may take action against contributions and to moderate the behaviour of users. Moderators and Administrators may also assume the role of overseeing group communities and activities. CooksUnited does not limit the functions of Administrators and Moderators within groups.
Administrators and Moderators are obliged to follow these General Terms of Use in giving their own opinions outside their areas of responsibility. Administrators and Moderators are asked to keep a neutral position in any actions they take and messages they may send to other users and not to abuse their function within our services.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
15. Termination of Service
- by the user
Every user has the right to terminate his or her account at any time without giving any reason or explanation. Termination may be carried out by the user:
Notwithstanding termination all uploaded content, including the username, will remain part of the content of CooksUnited and which content can be viewed, read, printed and downloaded by all users.
- by CooksUnited
CooksUnited reserve the right, without notice and in its sole discretion at any time, to terminate the user’s license to use CooksUnited, to block or prevent future access to and use of the site in its absolute discretion.
Where, in its absolute discretion, CooksUnited believe there has been a breach of the provisions herein relating to acceptable use of the site CooksUnited may take such action as it deems appropriate. Failure to comply with the terms relating to acceptable use (see under “User Conduct and Netiquette” above) constitutes a material breach of the terms of use upon which users are permitted to use the site, and may result in immediate, temporary or permanent withdrawal of use of the site, removal of any contribution, issue of a warning to the user, legal action against the user or disclosure of information to law enforcement authorities.
The responses described above are not limited, and CooksUnited may take any other action as it reasonably deems appropriate.
16. VIRUSES, HACKING AND OTHER OFFENCES
Users must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. Users must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, a user may commit a criminal offence. CooksUnited will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the user’s identity to them. In the event of such a breach, the user’s right to use the site will cease immediately.
CooksUnited will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may affect the user’s computer equipment, computer programs, data or other proprietary material due to his/her use of the site or to the user downloading any material posted on it, or on any website linked to it.
17. Privacy Policy, User Consent
CooksUnited is committed to respecting and protecting user privacy and where the user has been invited at any time to submit personal information (including but not limited to email, address, names, postal addresses) the submission of this information is purely voluntary. By using the site, users do consent to processing of the personal information they provide in accordance with these terms and warrant that all data provided by him/her is accurate. CooksUnited expressly declare that the information submitted will not be passed on to third parties.
The user has the right to change/delete his or her personal information at any given time. If a user posts his or her personal information within an open forum, he or she automatically agrees to sharing that information and that it may be used by other users for new contacts, invites, circulars, mail etc. However, the user can withdraw his/her consent to the use of his/her personal data at any time by emailing CooksUnited Support
18. General
These General Terms of Use are valid as of 1 March 2008. CooksUnited reserves the right to change the General Terms of Use, and notices under which the CooksUnited services are offered. CooksUnited will inform users of any changes either online or via email; however, it is the user who is responsible for regularly reviewing these General Terms of Use to become aware of changes. Changes that need to be agreed by the user will normally be published one month before the official release date. A user shall be notified of any changes when logging in. Where new/reviewed General Terms of Use have not been expressly accepted by the official release date, CooksUnited may block a user from future logins. The user may access and use the web site as normal once the General Terms of Use have been accepted when logging in.
19. JURISDICTION AND APPLICABLE LAW
These terms of use are governed by English law. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
This document sets out the terms of use of the website http://www.CooksUnited.co.uk (referred to as “the site” or “the domain”), whether as a guest or a registered user (referred to as “you” or “the user”)
Please read these terms of use carefully before you start to use the site. By using the site, you agree to be bound by these terms. If you do not agree to these terms please refrain from using the site.
These terms may change from time to time and you should check them regularly. Your continued use of the site is acceptance of the updated or amended terms. If there is any conflict between these terms and any other content of the site it is these terms that prevail.
2. Purpose of the site
The domain www.CooksUnited.co.uk is owned by Pixelhouse GmbH (referred to as “Pixelhouse” or “CooksUnited”).
The site is focused on the subject of cooking, kitchen, households and other related topic areas. CooksUnited provides the platform for these topics and user community areas.
CooksUnited offers a platform for users of the site to communicate. Users are able to upload and share recipes and to be involved in community forums. The community forum is intended to enable users to undertake social networking with each other and to make contributions to the online community forums.
Users may use all forums and interactive areas for non-commercial purposes only.
3. INFORMATION ABOUT US
Pixelhouse GmbH is a limited company registered in Germany under company number HRB15428 District Court Koblenz, Germany and we have our registered office and main trading address at Pixelhouse GmbH, Rastenweg 16, 54389 Sinzig, Germany. Our VAT number is DE814066656.
4. Third-Party Content & Services
As well as providing content produced by CooksUnited, such as magazine articles, the site provides external links and includes content of third parties (“Third-Party Content”) as an additional service. This content is provided for your own information.
CooksUnited has no influence on the design and contents or resources of third party internet web sites and does not endorse or adopt any Third-Party Content and is not responsible for the accuracy or completeness of Third-Party Content. CooksUnited cannot vouch for the identity of third parties and it is for the user to satisfy him or herself as to the respectability of any third party or of any product or service offered by that third party.
Users use hyperlinks and Third-Party Content on the site and contained on other sites accessed by way of hyperlink at their own risk.
5. Registration
Registration is free for every user. It is necessary to register if a user wishes to:
- use the platform for social networking
- exchange ideas with other users
- submit recipes
- contribute in forums
You can register at http://www.CooksUnited.co.uk/register/index.php. You must enter a valid email address and a user name of your choice. A password is chosen by you, which enables you to make use of the offered services and change your personal data. The user hereby undertakes to treat such information as confidential and not to reveal the password to third parties. Users are not allowed to have more than one user profile.
6. Availability and Use of Service
Access to the site is permitted on a temporary basis, and CooksUnited reserves the right to withdraw, change, modify, add, remove or amend the service provided on the site without notice. CooksUnited will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, CooksUnited may also restrict access to some parts of the site, or the entire site, to users.
If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, the user must treat such information as confidential, and must not disclose it to any third party. CooksUnited have the right to disable any user identification code or password, whether chosen by a user or allocated by us, at any time, if in CookUnited’s opinion the user has failed to comply with any of the provisions of these terms of use.
The user is responsible for making all arrangements necessary to have access to the site, for ensuring that all persons who access the site through that user’s internet connection are aware of these terms, and that they comply with them.
7. User Conduct
The rules and standards of behaviour for every user of the CooksUnited site and services are as follows:
- CooksUnited, administrators and moderators have the right to remove content and/or even block the user from using the site again in the case of any violation, offence or infringement of these terms.
- The user warrants that all content submitted by him or her (including but not limited to comments, artwork, recipes and messages) do not violate the General Terms of Use, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.
- The user is solely liable for any material he or she uploads or transmits to the discussion forums or interactive areas of the web site. The type of use and content indicated herein as improper is not allowed to be posted or made public in any kind of format on the CooksUnited platform.
The user shall not:
- Contribute any material or use the service in any way which is unlawful, in breach of local national or international law or regulation, offensive, harmful, libellous, tortuous, defamatory, obscene, vulgar, sexually explicit or pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, promoting violence, or promoting discrimination based on race, sex, religion nationality, disability, sexual orientation, age, that causes annoyance, inconvenience or needless anxiety or is likely to harass, upset, embarrass, alarm or annoy any other person or that is otherwise objectionable or is likely to deceive any person, or is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promotes any illegal activity, is used to impersonate any person, or to misrepresent the user’s or other’s identity or affiliation with any person, gives the impression that they emanate from CooksUnited, (if this is not the case) or advocates promotes or assists any unlawful act.
- Pass on personal or another user’s login information in public forums or via internal messages.
- Post, transmit, or otherwise make available any content that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party
- Post or transmit any content that would constitute or encourage a criminal offence, violate the rights of any party or the CooksUnited Netiquette
- Post, e-mail, transmit, or upload any software, computer code, or other data and programs designed to interrupt, destroy, limit or slow down the functionality of CooksUnited
- Post links to other sites or services which show illegal, insulting or pornographic content.
- Distribute, publish or make available any unsolicited or unauthorised promotions, advertising, goods or services without obtaining the prior written consent of CooksUnited.
- Copy CooksUnited data as well as the code of our own search engines, services and indexes using the content of CooksUnited.
- Post threads with repetitive messages and content and/or replies or post the same messages in different forums. This applies to internal messages within CooksUnited as well as the posting, sending and transmitting of chain emails, mass marketing in forums or via internal messages.
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
The following content is not accepted or tolerated:
- Threads and contributions with political or religious content
- Threads and contributions with erotic or sexual content
- Threads and contributions with critical content against products, companies, restaurants etc. Which is defamatory, offensive, inappropriate or otherwise unlawful.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with all applicable laws including in any country from which they are posted.
The user must comply with the rules on Netiquette as set out below.
8. Netiquette
In addition to the user conduct provisions set out at point 7 above all users must acknowledge and follow the rules below when accessing the site, emailing, messaging and posting. Politeness and tolerance are the most important aspects when exchanging opinions and ideas with other users online. Our basic rules for appropriate behaviour and use of the site are as follows:
- Be polite – a greeting, hello, thank you, you are welcome etc should always be used.
- Contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No use that is in breach of local national or international law or regulation.
- Unlawful, fraudulent or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- No generalisation
- Comments may be strong but must always be polite.
- Contributions containing languages other than English may be removed
- No impersonation
- No use for the purpose of harming or attempting to harm minors in any way
- No inappropriate (e.g. vulgar, offensive etc) user names
- No public fights in forums with other users. Any inappropriate comments against anyone will be removed immediately.
- Rules and regulations in an online community are to be respected, especially if a user seeks to be a part of one.
- When creating a post, the user should take a moment and consider in which forum the posting truly belongs.
- CooksUnited messages are internal messages sent from one user to another user. These are allowed to be displayed publicly only if both sides have agreed beforehand.
Rudeness and personal attacks in forums, groups or internal messages are not tolerated and are a violation against the General Terms of Use. If a user wishes to communicate about a topic which is very important to him or her, a firm but polite tone must be adopted in order to make a point come across appropriately. The same rules of behaviour apply to sending private messages to other users.
The user also agrees:
- Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of these terms of use.
-
Not to access without authority, interfere with, damage or disrupt:
- 1) any part of the site;
- 2) any equipment or network on which the site is stored;
- 3) any software used in the provision of the site; or
- 4) any equipment or network or software owned or used by any third party.
9. Proprietary Rights
All Website materials, including, without limitation, the CooksUnited logo, design, text, graphics, other content and files, and the selection and arrangement thereof are protected by copyright and are the proprietary property of CooksUnited or its affiliates, licensors or users and all intellectual property rights are reserved.
“CooksUnited,” and all other trademarks on the site (including all page headers, custom graphics, button icons, and scripts) are either trademarks or registered trademarks of CooksUnited, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CooksUnited. All other trademarks, registered trademarks, product names and company names or logos mentioned on the site are the property of their respective owners.
Every user may access and use this site for informational and non-commercial, personal use only and provided that the user keeps all copyright or other proprietary notices intact. Any other use of the materials on the site without obtaining a licence to do so from CooksUnited or, where appropriate, our licensors is strictly prohibited.
10. Users Contributions
Whenever you upload material to the site or make contact with other users of the site, you must comply with the standards set out in these general terms of use. You warrant that any such contribution does comply with those standards, and you indemnify CooksUnited for any breach of that warranty.
CooksUnited will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
CooksUnited have the right to remove any material or posting you make on the site if, in CooksUnited’s opinion, such material does not comply with the content standards set out in these general terms of use.
By uploading any contribution to the site you are agreeing to grant to CooksUnited the right to use the material in any way it wants for any purpose free of charge. This includes, but is not limited to, copying, modifying, publishing, (including in daily and monthly newsletters, “Recipe of the Day” and RSS feeds) and sharing with third parties for any purpose. We normally show your name with your contribution but we are not obliged to. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights or of their right to privacy.
Where you terminate your use of the interactive services of the site or CooksUnited withdraws or otherwise restricts your use of the site your content may remain on the site and third parties shall have the right to retrieve such content and to offer such content for download on other websites.
You warrant that you have all necessary rights, power and authority to give CooksUnited permission to use your contribution in this way and you indemnify CooksUnited for any breach of warranty.
11. Links
The posting of links is only permitted if the information adds value to a particular forum or discussion and provided the user has first obtained the consent of the third party to whom the link belongs.
CooksUnited or any relevant forum moderator will decide in its or their discretion upon the legitimacy of individual cases regarding a link once information has been received and reviewed.
CooksUnited nevertheless reserves the right to delete links for any reason and without any further notice even where these links had been previously approved.
The user who posted the links warrants that she/he has checked and will continue to oversee the content of those links to ensure that the links comply with the standards set out in these terms and conditions and the user indemnifies CooksUnited for any breach of that warranty.
CooksUnited ask all users to immediately inform them if there are or believe there may be any illegal or illegitimate threads, contributions, links or other offences against the General Terms of Use by emailing us to CooksUnited Support
12. Linking to the Site
The user may link to the CooksUnited home page, provided the user does so in a way that is fair and legal and does not damage the reputation of CooksUnited or take advantage of it, but the user must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of CooksUnited where none exists.
Users must not establish a link from any website that is not owned by the user.
The CooksUnited site must not be framed on any other site, nor may the user create a link to any part of the site other than the home page. CooksUnited reserve the right to withdraw linking permission without notice. The website from which the user is linking must comply in all respects with the content standards set out herein
If the user wishes to make any use of material on the site other than that set out above, please address the request to CooksUnited Support
13. Disclamer and Limitation of Liability
The material displayed on the site is provided without any guarantees, conditions, representations or warranties as to its accuracy, completeness, reliability, or whether it is current, or error-free; Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed; The majority of the content is provided by members of the public and the contents and any opinions expressed are that of the contributor and not that of CooksUnited. Any links to third party websites are not an endorsement of that site by Cooks United and any use of such sites is at the users own risk.
CooksUnited therefore disclaim all liability and responsibility arising from any reliance placed on materials by any visitor to the site, or by anyone who may be informed of any of its contents and every user agrees to use the site and/or its content entirely at his or her own risk.
CooksUnited does not represent or warrant that the site or its server(s) are free of viruses or other harmful components. The user acknowledges that it is his/her responsibility to implement sufficient procedures and virus checks (such as anti-virus and security checks) and the user’s use of the web site and content is at entirely at his/her own risk.
CooksUnited reserves the right to change any and all content contained on this web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CooksUnited. To the extent permitted by law, CooksUnited, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it:
This does not affect CooksUnited liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The user further agrees that if he or she does have or believes he or she has a dispute with CooksUnited he or she will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
14. Moderators/Administrators
The interactive services on the site may be moderated.
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Administrators and Moderators have the right to decide whether a user contribution may or may not fit into a specific area or forum and therefore in their sole discretion have the right to delete or move a contribution without further reasoning or explanation.
Any forum may be supported by Administrators and Moderators. They decide upon topics and deletion or movement of content and seek to ensure that all comments accord with these General Terms of Use.
The Moderators are entitled to report users to the CooksUnited Administration team and may block a user and/or delete an entire forum and/or thread. These actions are taken with a view to maintaining a polite and amenable environment for all users in all forums and no Moderator has to explain or justify any actions taken. Administrators and Moderators do their job in the interest of all users and deserve respect and support.
The following rules are also valid for groups (if applicable) which have been formed inside the community, where the founder takes the role as Moderator and Administrator. He or she is obliged to overlook all actions within his or her founded group to ensure a complaint environment and s/he may take action against contributions and to moderate the behaviour of users. Moderators and Administrators may also assume the role of overseeing group communities and activities. CooksUnited does not limit the functions of Administrators and Moderators within groups.
Administrators and Moderators are obliged to follow these General Terms of Use in giving their own opinions outside their areas of responsibility. Administrators and Moderators are asked to keep a neutral position in any actions they take and messages they may send to other users and not to abuse their function within our services.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
15. Termination of Service
- by the user
Every user has the right to terminate his or her account at any time without giving any reason or explanation. Termination may be carried out by the user:
- deleting personal information in his or her personal user profile
- unsubscribing to the CooksUnited newsletter
- further logins should not be made
Notwithstanding termination all uploaded content, including the username, will remain part of the content of CooksUnited and which content can be viewed, read, printed and downloaded by all users.
- by CooksUnited
CooksUnited reserve the right, without notice and in its sole discretion at any time, to terminate the user’s license to use CooksUnited, to block or prevent future access to and use of the site in its absolute discretion.
Where, in its absolute discretion, CooksUnited believe there has been a breach of the provisions herein relating to acceptable use of the site CooksUnited may take such action as it deems appropriate. Failure to comply with the terms relating to acceptable use (see under “User Conduct and Netiquette” above) constitutes a material breach of the terms of use upon which users are permitted to use the site, and may result in immediate, temporary or permanent withdrawal of use of the site, removal of any contribution, issue of a warning to the user, legal action against the user or disclosure of information to law enforcement authorities.
The responses described above are not limited, and CooksUnited may take any other action as it reasonably deems appropriate.
16. VIRUSES, HACKING AND OTHER OFFENCES
Users must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. Users must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, a user may commit a criminal offence. CooksUnited will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the user’s identity to them. In the event of such a breach, the user’s right to use the site will cease immediately.
CooksUnited will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may affect the user’s computer equipment, computer programs, data or other proprietary material due to his/her use of the site or to the user downloading any material posted on it, or on any website linked to it.
17. Privacy Policy, User Consent
CooksUnited is committed to respecting and protecting user privacy and where the user has been invited at any time to submit personal information (including but not limited to email, address, names, postal addresses) the submission of this information is purely voluntary. By using the site, users do consent to processing of the personal information they provide in accordance with these terms and warrant that all data provided by him/her is accurate. CooksUnited expressly declare that the information submitted will not be passed on to third parties.
The user has the right to change/delete his or her personal information at any given time. If a user posts his or her personal information within an open forum, he or she automatically agrees to sharing that information and that it may be used by other users for new contacts, invites, circulars, mail etc. However, the user can withdraw his/her consent to the use of his/her personal data at any time by emailing CooksUnited Support
18. General
These General Terms of Use are valid as of 1 March 2008. CooksUnited reserves the right to change the General Terms of Use, and notices under which the CooksUnited services are offered. CooksUnited will inform users of any changes either online or via email; however, it is the user who is responsible for regularly reviewing these General Terms of Use to become aware of changes. Changes that need to be agreed by the user will normally be published one month before the official release date. A user shall be notified of any changes when logging in. Where new/reviewed General Terms of Use have not been expressly accepted by the official release date, CooksUnited may block a user from future logins. The user may access and use the web site as normal once the General Terms of Use have been accepted when logging in.
19. JURISDICTION AND APPLICABLE LAW
These terms of use are governed by English law. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
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