PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Welcome to Heirloom. Please read these Terms & Conditions (“Terms”) carefully. They contain the General Terms of Service (General Terms) that govern your use of and access to any and all of our websites and mobile site (“Site”)
This website is provided by The Heirloom Project LLC (“Heirloom”) for the use of individuals to record, publish, and share recipes with other individuals subject to these terms and conditions of use as amended from time to time. Your access to and use of the Site is conditioned on your acceptance of any compliance with these Terms. These Terms apply to all visitors, users and others who have access or use the Site. By accessing or using this Site, you (“User”) agree to be bound by these Terms and Conditions.
1.USE OF OUR SITE
You may access and use our Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, our Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Site, in whole or in part, at any time in our sole discretion.
A. Membership Accounts
You may create a member account with our Site by registering a username, user photo, email address, and creating a password. You agree that you will provide complete, current, and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Site, and agree not to disclose your username or password to any third party. You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on any of our Sites.
In order to create a member account, you must be at least 18 years of age. By registering for an account, you represent and agree that you are at least 18 years of age. If you are a parent registering on behalf of a child, you agree that you are responsible for the activities of your child on the Site and agree to indemnify us for any damages incurred by us to the extent caused by such activities.
B. Intellectual Property Rights
Heirloom owns all rights in and to the Site; all underlying software; HTML and other source code; Heirloom designed book covers, pages, and dividers; the site templates, including, but not limited to all copyrights, trademarks, trade secrets, patents and all other intellectual property rights thereto. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion of our Sites without our written consent. Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access, and use our Site, including any images, text, graphics, data, links, and other materials incorporated into our Site (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Heirloom reserves all other rights not expressly granted herein. If you should violate any of the Terms, your right to use this Site will be discontinued immediately without notice to you.
You agree that Heirloom shall have the right to use copies of digital or print cookbooks generated by the Site for promotional, academic, archival or cultural purposes, provided that Heirloom may not sell or otherwise commercially distribute copies of your cookbook without your prior written agreement. For clarity, nothing in these Terms grants Heirloom ownership of your material. Subject to these Terms, you are free to reproduce, re-publish or otherwise exploit your own User Submitted Material(s). However, Heirloom owns all the rights, title, and interest, including all copyright, in its unique presentation and formatting of your material and any electronic or physical copies thereof, including, without limitation, the PDF files generated by the Site and all printed cookbooks resulting from the services. All output generated by, or otherwise forming part of, the Site is the exclusive property of Heirloom, and may not be commercially reproduced, published, or otherwise exploited without the prior written consent of Heirloom.
C. User Submissions
With regard to any materials submitted by you as part of a User Submission, including, without limitation, photographs, images, text, graphics, and other materials (collectively, “User Submitted Materials”), you represent and warrant that you own or otherwise have all necessary rights to publish such materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
You will grant and license to us, including any license or permission of a third party or designee, to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. You will retain ownership of such User Submitted Materials. Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through our Site are not proprietary to you, and the rights to such template or layout will remain with us.
Heirloom does not solicit nor does it wish to receive any confidential, secret, or proprietary information. Any information or User Submitted Materials submitted or sent to Heirloom will be deemed as not confidential or secret. By submitting or sending User Submitted Materials to Heirloom, you represent and warrant that it is original and that no other party has any rights to the material. You are solely responsible for any User Submitted Materials that you post on the Site.
You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials), and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests. User Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
D. Prohibited Actions and Content
While using this Site, you agree not to violate the security of the Site or the rights of other Users, including without limitation, (i) accessing or attempting to access images that are not your images or accounts that you do not own, unless given permission by the image subject and/or owner (or, in the case of a minor, the image subject’s parent or legal guardian); (ii) upload photographs of people who have not given permission for their photographs to be uploaded to a share site; (iii) defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity; (iv) impersonate any person, entity, or use any fraudulent, misleading or inaccurate email address or other contact information; (v) upload to, transmit through, or display on our Site any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; any confidential, proprietary or trade secret information of any third party; or any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (vi) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items; (vii) modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any portion of our Site; (viii) remove or alter any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of our Site; (viii) engage to restrict or inhibit any other User from using our site, including, without limitation, by means of spamming, “hacking,” or defacing any portion of our Sites; (x) violate any applicable laws or regulations.
Failure to comply with the above rules, will constitute a violation of the Terms, and in addition to any other rights or remedies we may have, we may immediately terminate and restrict your further access to and use of our Site.
Some features of our Site may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Site and/or the amount of storage space available for transmissions or for any feature made available through our website.
E. Termination and Suspension
We agree to provide you access to our Site and the third-party services available on the Site (“Services”) only as authorized in these Terms and any other documents incorporated by reference herein. We reserve the right to reject your User registration by notifying you of our decision. we may terminate your access to our Site and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, we may delete all information, files, and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files, or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Site and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
Users may choose to delete their account or terminate membership at any time and for any reason by contacting hello@heirloomproject.com. Upon termination, User agrees to immediately pay in full any applicable fees in connection with your orders and purchases including, but not limited to, shipping and handling fees, sales taxes, use taxes, import taxes, and duties. Heirloom may automatically charge and withhold taxes for orders to be delivered within any jurisdiction that we deem is required.
If we believe your actions may cause us or other Users legal liability or loss, we reserve the right to notify other Users of your actions.
F. Term Amendments
We reserve the right, in our sole discretion, to amend and supplement these Terms, features, specifications, and content of the Site, at any time, by posting amendments to the Site or otherwise notifying you that an amendment has been posted. We also reserve the right at any time to change the product pricing and/or membership fees as well as membership benefits offered such as storage capacity or features. Changes to the membership fee will be applied for renewal periods; however, you will not be charged any new or different fees unless we obtain your prior agreement to pay such additional fees. You agree that it is your sole responsibility to review updated terms and conditions posted by us at www.heirloomproject.co. Your continued use of the Site after such changes are posted will constitute your agreement to such amended Terms. If you do not agree to any such changes, you must cancel your membership.
G. Privacy Policy
In addition to the terms and conditions of this Agreement, your use of the Site is conditioned upon your agreement to Heirloom’s Privacy Policy, available at _______________ (“Privacy Policy”). The Privacy Policy is hereby incorporated into this Agreement in its entirety. If you do not agree to the terms in the Privacy Policy, please do not register or use the Site.I
II. PURCHASES
The Site is designed for registered users (“Users”) to post on-line recipes and digital images; to create custom books containing recipes, digital images, and other content; to place orders for printed copies of cookbooks to be shipped to the User; and to communicate with one another through functions on the Site.
A. Orders
Placing an order with our third-party does not constitute our confirmation of an offer to sell. We reserve the right to reject an order placed with us for any reason, and at any time. Your order will be deemed accepted upon delivery of the products you have ordered.
To order any books you have created or other products offered through Heirloom, you warrant and agree that you are at least eighteen (18) years of age or the applicable age of majority in your jurisdiction, and You will provide valid credit card information from an issuer then accepted by us.
B. Payments and Fees
You agree to pay the applicable fees in connection with your orders and purchases including, but not limited to, shipping and handling fees, sales taxes, use taxes, import taxes, and duties. For any orders that are outside of the United States, all customs fees and any other additional charges will be the buyer’s responsibility.
Heirloom may automatically charge and withhold taxes for orders to be delivered within any jurisdiction that we deem is required. Heirloom reserves the right at any time to change the pricing and/or subscription fee as well as plan benefits offered such as storage capacity or features.
III. THIRD-PARTY SITES, SOFTWARE AND SERVICES
You may be able to link to third parties’ websites (“Linked Sites) from our Site. Linked Sites are not reviewed, controlled, or examined by Heirloom. You agree that Heirloom is not responsible for the content or any other materials of such Linked Sites or any additional links contained therein. It is your sole responsibility to comply with the appropriate terms of service and any other obligation of the Linked Site. Permission must be granted by Heirloom for any type of link on or to our Site. To seek our permission, please write to hello@heirloomproject.com.
IV. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SITE AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, USER SUBMISSIONS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR THE SERVICES. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE OR ANY LOSS YOU INCUR DUE TO THE ACTS OR FAILURES TO ACT OF USERS OF THE SITE.
NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
V. LIMITATION OF LIABILITY
You acknowledge that we are not responsible for material submitted to it or posted to the Site. We may, in our sole discretion, refuse or remove any User Submitted Materials in whole or in part that in its judgment is objectionable. You will remain responsible for the accuracy, copyright compliance, legality or any other aspect of your materials.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR ANY OF OUR OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE HEIRLOOM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HEIRLOOM ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
FURTHERMORE, HEIRLOOM WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF HEIRLOOM ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
VI. INDEMNIFICATION
You shall indemnify, defend, and hold the Heirloom, its officers, managers, members, employees, or affiliates harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), arising out of, based upon or resulting from (a) any breach or violation by you of this Agreement, (b) any use or misuse by you of the Site, (c) a dispute with another User or allegation that you have harmed another User, (d) the infringement by you or any other User of any intellectual property or other right of any person or entity; or (e) any tax assessed on us due to your activities on the Site (other than taxes with respect to our income). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
VII. JURISDICTION
Our Site is controlled and operated from the United States. Our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that our Site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of our Site, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
