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Terms of Use

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PLEASE NOTE THAT EN PLACE MEDIA LLC’S TERMS OF USE HAVE CHANGED EFFECTIVE SEPTEMBER 16, 2014.

1. Introduction. These Terms of Use apply to all websites and mobile applications controlled by En Place Media LLC and/or its subsidiary and affiliated entities (“En Place Media”). “Websites” include sites hosted by one or more web servers (however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, “Computer”)), mobile application(s), mobile software, mobile services, and other interactive features, applications, or downloads that are operated by En Place Media and that are available through, or interact with, the Websites where these Terms of Use are posted.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Websites, the materials and information available, and the possibility of publication or publicity of your User Content. In addition to these Terms of Use, En Place Media has established a Privacy Policy to explain how user information is collected and used by En Place Media. A copy of this Privacy Policy can be found here: http://easyonthecook.com/privacy . The Privacy Policy is incorporated by reference into these Terms of Use. By accessing or using the Websites, you are signifying your acknowledgement and agreement to En Place Media’s Terms of Use and Privacy Policy.

You must be at least 18 years old to have En Place Media’s permission to use the Websites. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms of Use.

THE WEBSITES AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR CONTINUED USE OF THE WEBSITES WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF USE GRANT EN PLACE MEDIA CERTAIN RIGHTS AND LICENSES, PROVIDE EN PLACE MEDIA CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT EN PLACE MEDIA’S LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THE WEBSITES AND DO NOT PURCHASE PRODUCTS OR USE THE SERVICES AVAILABLE ON THE WEBSITES.

2. Access and Use. Access to the Websites is provided for your information and personal, non-commercial use only. When using the Websites, you agree to comply with all applicable federal, state, and local laws, regulations, statutes, regulations, and the like. The Websites are protected by federal and state copyright and trademark laws. No portion of the materials on the Websites may be reprinted, copied, republished, modified, used to create derivative works, publically displayed, published, transmitted, distributed, or otherwise exploited in any form without the express written permission of En Place Media and/or the respective owner of any third party content. You shall keep intact and not remove, alter, cover, or distort any proprietary notices, including copyright or trademark notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Additionally, you may not:

  1. disable or otherwise interfere with the Websites’ security-related features;
  2. collect or harvest any personally identifiable information from the Websites (e.g., user names, passwords, mail addresses);
  3. solicit other users to join or become members of any commercial service or organization without En Place Media’s prior written approval;
  4. attempt to or interfere with, impair, or disable the proper working of the Websites;
  5. decompile, reverse engineer, disassemble, or modify any website source or object code, software, other products, services, or processes accessible through any portion of the Websites;
  6. make and/or distribute copies of the Websites;
  7. use network-monitoring software;
  8. encourage conduct that violates any local, state, or federal law or impersonate another user, person, or entity;
  9. use the Website Content in a manner that suggests an association with any of En Place Media’s products, services, or brands; or
  10. engage in any conduct that restricts or inhibits any other user from using or enjoying the Websites.

En Place Media reserves the right to amend or withdraw the Websites, or charge for the application or service provided to you in accordance with these Terms of Use, at any time and for any reason.

3. Intellectual Property Notice. Unless otherwise explicitly specified, the Websites and included content (and any derivative works or enhancements of the same), including, but not limited to, all layouts, texts, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, advertising copy, technology, documentation, interactive features, the compilation, assembly, and arrangement of the materials of the Websites, and any and all copyrightable material (including source and object code) (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by En Place Media, En Place Media’s licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities, and trade dress that may appear on the Websites are owned by En Place Media, En Place Media’s licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Websites or any Website Content. Any rights or remedies not expressly granted in these Terms of Use are expressly reserved.

4. Confidential and Proprietary Information. En Place Media does not want to receive confidential or proprietary information from you through the Websites. Please note that any information or material sent to En Place Media through the Websites will be deemed NOT confidential. By sending En Place Media any information or material, you grant En Place Media an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that En Place Media is free to use any ideas, concepts, know-how, or techniques that you send En Place Media for any purpose.

5. User Content. En Place Media may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast, or otherwise make available on the Websites messages, text, illustrations, recipes, files, images, graphics, photos, comments, sounds, music, videos, information, content, posts, and/or other materials (“User Content”).

By posting content to the Websites, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the content or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms of Use. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose.

You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, excessively violent, harassing, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, or addresses; (vi) contains a formula, instruction, or advice that could cause harm or injury; (vii) is a chain letter of any kind; (viii) depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; or (ix) violates these Terms of Use.

By posting your User Content using the Websites, you are granting an unrestricted, unlimited, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your User Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed by En Place Media. You also grant other users permission to access your User Content and to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Websites and these Terms of Use. You agree that your User Content will be treated as non-confidential and non-proprietary as discussed above.

By submitting User Content, you also grant En Place Media the right, but not the obligation to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you further warrant that all so-called moral rights in the User Content have been waived.

You should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to En Place Media. En Place Media cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

En Place Media has the right, but not the obligation, to monitor User Content. En Place Media has no obligation to post, maintain, accept, display, exploit, or otherwise make use of User Content and does not guarantee distribution of User Content. User Content will not be returned and you will not have the right, once posted, to access, archive, maintain, or otherwise use such User Content on the Websites. En Place Media may discontinue operation of the Websites or your use of the Websites, in either case in whole or in part, in En Place Media’s sole discretion. En Place Media may, in En Place Media’s sole discretion, delete, move, re-format, edit, alter, distort, remove, or refuse to exploit User Content without notice or liability; provided, however, that En Place Media reserves the right to treat User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which En Place Media will not exercise editorial control except to block or remove content that is obscene, lewd, violent, harassing, or otherwise objectionable or to enforce the rights of third parties.

6. User Registration. In order to access or use some (or potentially all) of the features of the Websites, you may have to become a registered user. If you become a registered user, you will provide true, accurate, current, and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information. During registration, you may be required to create a username and password (a “Membership”), which may permit you access to certain areas of the Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your Computer so that others may not access any password protected portion of the Websites using your username in whole or in part. If you register with En Place Media, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer, or assign your Membership or any Membership rights. You agree to notify En Place Media immediately at [email protected] of any breach of security or unauthorized use of your Membership. You may terminate your Membership at any time by sending an email to [email protected] En Place Media reserves the right to terminate your account or otherwise deny you access to the Websites in En Place Media’s sole discretion for any or no reason without notice and without liability.

7. Mobile. The Websites may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the Websites via your mobile phone (“Mobile Uploads”), (b) the ability to receive and reply to messages and to send content and messages using text messaging (“Mobile Texts”), and (c) the ability to access the Websites from your mobile phone (“Mobile Web”) (collectively, the “Mobile Services”). En Place Media typically does not charge for Mobile Services. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Websites. Your Mobile Provider’s normal messaging, data, and other rates and fees will, however, still apply. Your Mobile Provider may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your Mobile Provider or mobile device. You should check with your Mobile Provider to find out what plans are available and how much they cost. By using the Mobile Services, you agree that En Place Media may communicate with you regarding the Website and En Place Media’s partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to En Place Media.

You agree that in connection with the Mobile Services for which you are registered for, En Place Media may send communications to your mobile device regarding En Place Media or other parties. Further, En Place Media may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify En Place Media of any changes to your mobile number and update your account(s) on the Websites to reflect this change.

You accept responsibility for any such charges that arise from your Mobile Provider. If you are not the bill payer for the mobile telephone or handheld device being used to access the Websites, you will be assumed to have received permission from the bill payer for using the Websites.

8. Children. Collecting personal information from children under the age of 13 (“minor children”) through the Websites is prohibited. No User Content should be directed toward minor children. Minor children are not eligible to use the Websites and En Place Media asks that they do not submit any personal information to En Place Media.

9. Conditions for Linking to the Websites. En Place Media hereby grants you a non-exclusive, limited license, revocable at En Place Media’s discretion, for you to link to the Websites home page from any website you own or control that is not commercially competitive with the Websites and does not criticize or otherwise injure En Place Media, so long as the website where the link resides, and all other locations to which such website links, (i) complies with all applicable laws, (ii) does not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others, (iii) does not in any way post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, or illegal/unlawful information, topic, name, or other material, and (iv) does not violates the spirit of En Place Media’s mission. Such a link is not an endorsement of such other website(s) by En Place Media.

Notwithstanding anything to the contrary contained in these Terms of Use, En Place Media reserves the right to prohibit linking to the Websites for any reason, in En Place Media’s sole and absolute discretion, even if the linking complies with the requirements described above.

10. Links or Pointers to Other Websites. En Place Media makes no representations whatsoever about any other website that you may access though the Websites. When you access a non-En Place Media website, please understand that it is independent from En Place Media, and that En Place Media has no control over the content on that website. In addition, a hyperlink to a non-En Place Media website does not mean that En Place Media endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

11. Warranty Disclaimer & General Disclaimers. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR INFORMATION CONTENT ON THE WEBSITES, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVISED ON THE WEBSITES, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED THROUGH USE, AND WARRANTIES THAT THE WEBSITES WILL BE SECURE OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

YOU UNDERSTAND THAT ALL USER CONTENT POSTED TO THE WEBSITES IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL WHO ORIGINALLY POSTED THE CONTENT. YOU UNDERSTAND, ALSO, THAT ALL OPINIONS EXPRESSED BY USERS OF THE WEBSITES ARE EXPRESSED STRICTLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS EN PLACE MEDIA’S REPRESENTATIVES OR ANY OF EN PLACE MEDIA’S SPONSORS OR PARTNERS. THE OPINIONS THAT YOU OR OTHERS POST ON THE WEBSITES DO NOT NECESSARILY REFLECT EN PLACE MEDIA’S OPINIONS. IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE WEBSITE CONTENT. UNDER NO CIRCUMSTANCE WILL EN PLACE MEDIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY WEBSITE CONTENT.

EN PLACE MEDIA, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (EVEN IF FORESEEABLE OR IF EN PLACE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE, AND/OR WEBSITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITES.

12. Indemnification. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You agree to indemnify and hold En Place Media and its affiliated companies, and their directors, officers, employees, agents, and partners harmless from any and all claims or demands, including reasonable attorneys’ fees and costs, that arise from or otherwise relate to (i) your access to or use of the Websites; (ii) User Content provided by you or through use of the Websites; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to En Place Media; or (v) your acts or omissions. You agree to cooperate fully with En Place Media in the defense of any claim that is the subject of your obligations hereunder.

13. Choice of Law and Dispute Resolution. These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. The parties agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, will be settled by final, confidential, and binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS and before a single neutral arbitrator mutually selected by the parties. The arbitration will take place in San Jose, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Pleasanton, California. For the sake of clarity, nothing in this paragraph shall affect En Place Media’s ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

14. Entire Agreement. These Terms of Use constitute the entire agreement between En Place Media and you pertaining to the subject matter of this agreement. In its sole discretion, En Place Media may modify these Terms of Use by posting the revised version on the Websites and you agree that each visit by you to the Websites is a new transaction governed by the Terms of Use linked on the Websites at that time. Any delay or failure on the part of En Place Media to exercise or enforce any rights under these Terms of Use to which En Place Media may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section headings used herein are for convenience only and shall not be given any legal import.

Updated or additional terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage or by notification by e-mail. It is your responsibility to review the Terms of Use and the Websites from time to time for any updated or additional terms.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without En Place Media’s prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. En Place Media may assign these Terms of Use or any rights hereunder without your consent and without notice.

15. No Unlawful or Prohibited Purpose. As a condition of your use of the Websites, you warrant to En Place Media that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use.