Last Updated Date: April 23, 2018
In addition, you represent that you are 18 years of age or older and are lawfully able to enter into contracts if (a) you are signing up for an educator, or 18+ account, or (b) are a parent or guardian of a child under 13 who is signing up for MomDeCuisine.
If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Some Members are Artists, Photographers, Chefs, Housewifes, and/or Writers who license their Content, Images on the Site for commercial purposes and who may earn royalties from the use of their Content, Images in connection with the Site. You must apply and be pre-approved by us before becoming an Artists, Photographers, Chefs, Housewifes, and/or Writers. More information about how the Artist, Photographer, Chef, Housewife, and/or Writer programs works, including on how you apply to become a MomDeCuisine-approved Artist, Photographer, Chef, Housewife, and/or Writer, is available here.
1. Acceptance and Amendment of Terms
Welcome to the MomDeCuisine Site. Except as expressly permitted on the Site (for example, the use by Artists, Photographers, Chefs, Housewifes, and/or Writers to earn payments from our use of their Content, Images), the Service is for personal and non-commercial use only, and may not be used for any purpose not expressly permitted by this Agreement. In addition, you may not reproduce, copy, duplicate, sell or resell any part of the Service.
Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the Site and discontinue use of the Services immediately. Please read this Agreement carefully and save it. If you wish to become a Member, communicate with other Members through the Site and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
We may revise this Agreement at any time, and we will notify you of any changes by posting notice on the Site or Services. Your use of the Site or the Service after notice of any changes to the Agreement is your agreement to those change. If you do not agree with the changes, you must terminate your Member account and cease use of the Site and the Service.
If we make any material change to this Agreement we may also notify you via the email address you provide to us on registration (if applicable), or as otherwise required by law and ask that you consent to those material changes. Please note that it is your responsibility to keep your registration information with us, including your email address (with the exception of Student accounts) for notification purposes, up-to-date. Any changes to the Agreement that amend the licenses provided in this Agreement shall amend any licenses granted before the changes take effect, as well as any granted after the changes takes effect. These terms shall always bear a “last updated” date at the top of the page showing the date on which they were last updated.
2. User Conduct
- In order to become a Member, you need to create a Member account. To create an account, you must submit certain requested information to MomDeCuisine, including (with the exception of student accounts) a correct email address. When such registration information is requested by the Service, the information you provide must be true, accurate, current, and complete.
- You are responsible for any activity and charges that occur under your screen name and Member account. You may not transfer your account.
- You are responsible for keeping your Member password secure and for notifying MomDeCuisine immediately of any breach of security or unauthorized use of your Member account.
- You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.
- You are solely responsible for your conduct on the Site and use of the Service, and for any content, Images, including but not limited to text, avatars, information, and other files (collectively, “Content”, “Images”), that you contribute to the Site. For Artists, Photographers, Chefs, Housewifes, and/or Writers, this also includes, but is not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”, “Images”), that you contribute to the Site.
- You must not abuse, harass, threaten, impersonate or intimidate other Users of the Service.
- You may not use the Service for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content, Images.
- You must not create or submit unwanted email or other messages to any Users of the Site.
- You may not collect or harvest any personally identifiable information, including account names, from the Site.
- You may not use the Service to upload, transmit or link to Prohibited Content, Images. Generally, Prohibited Content, Images includes Content, Images or other material that MomDeCuisine believes:
- is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
- comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;
- violates or otherwise encroaches on the rights of others;
- contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content, Images which may compromise the Service;
- advocates illegal activity;
- harms anyone, including minors; or
- provides a link to any of the above.
- You may not access the Site or the Service with any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.
MomDeCuisine has the sole discretion to determine whether Content, Images are Prohibited Content, and any Content, Images submitted to the Service may be subject to examination from time to time. Although MomDeCuisine does not and will not examine or otherwise review all Content, Images submitted or transmitted to the Service, MomDeCuisine may delete, move, and edit Content, Images for any reason, at any time, without notice. MomDeCuisine in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content, Images available through the Service.
Any breach or non-compliance of any of these User Conduct terms will entitle MomDeCuisine to immediately and without notice (i) terminate any Member account, which could result in the removal of any data in the account from our servers and any User Content, Images of the Member (including permanent deletion of data for non-student Members), and (ii) block you from any further use of the Site and Service.
3. Content, Images Contributed to the Site by Members
The Site allows Members to create their own stories by assembling Content, Images available on the Site, and to share those stories through the Site with other Users. The Site also allows MomDeCuisine-approved Artists, Photographers, Chefs, Housewifes, and/or Writers to supply their Content, Images for our and our Users’ use in connection with the Service. In this Agreement we refer to all of this Content, Images provided by Users as “User Content”.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content only to the extent necessary to provide the Site and Services to Users, including to display User Content in the manner requested by the User to operate the Site and Services.,
- In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.For example, if you write Stories or leave Comments, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
- Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of your Membership and account.Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.This license also grants us the right to sublicense that User Content to other Users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used.
- We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under Section 3(2) shall automatically be extended to new uses permitted by the Service, and any licenses previously granted to us for uses no longer permitted by the Service shall continue in accordance with Section 3(4). If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used.
- You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed to the Site as an Artist, Photographer, Chef, Housewife, and/or Writer is used in a Story, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes, particularly if it violates Section 2(6) to 2(10) of this Agreement. Finally, if your use of the Site or this Agreement terminates for any reason, or Content, Images are removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
- MomDeCuisine reserves the right to remove Content, Images from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
- You represent and warrant to MomDeCuisine that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
4. Our Intellectual Property Rights; Our License of Content, Images to Members
- Except as otherwise expressly indicated, the Site, and all text, images, marks, logos and other content, Images contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content, Images and the selection and arrangement thereof are the proprietary property of MomDeCuisine or its licensors and are protected by Canadian and international copyright laws. All rights to the Content, Images are expressly reserved, and except for licenses expressly granted in this Agreement no right to any Content, Images on the Site is granted to you.
- You have a limited right, for the term of and subject to this Agreement, to use Content, Images provided on the Site (i) only in connection with and during your use of the Site in accordance with this Agreement, (ii) only for the purpose for which, and in the manner in which, the Site makes such Content, Images available and, unless the Site expressly permits other uses, only for personal, non-commercial use, and (iii) only on payment therefor as required by the Site. This right is not exclusive or transferable, and may be terminated at any time by MomDeCuisine.
5. Third Parties and Other Users
Third Party Content, Images. Content, Images created by third parties is made available to you through the Services. Although MomDeCuisine may employ filters and live moderators that are intended to prevent the communication of both personal information and age-inappropriate content, images available to the general public, you agree that MomDeCuisine is not responsible for any such Content, Images including information about third party products or services; that MomDeCuisine makes no guarantees about the accuracy, currency, suitability, or quality of such Content, Images; and that MomDeCuisine assumes no responsibility for unintended, objectionable, infringing, inaccurate, misleading, or unlawful Content, Images made available by other Users, advertisers, and third parties.
Responsibility. Your interactions with other Users or third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content, Images) in the course of using the Site. You agree that MomDeCuisine will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User) in relation to the use of the Site, we are under no obligation to become involved; however, MomDeCuisine reserves the right to monitor disputes between you and other Users. You hereby release MomDeCuisine, its directors, officers, employees, agents and shareholders (the “MomDeCuisine Parties”) from all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with other Users or their Content, Images or any third party through or in relation to the Site or the Service.
Third-Party Links. The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents, Images. Links to other websites or locations may also be posted by Artists, Photographers, Chefs, Housewifes, and/or Writers on their art pages, or by MomDeCuisine on our blog, or elsewhere on the Site. While MomDeCuisine will make every endeavour to link only to appropriate content, Images, MomDeCuisine has no control over, does not review, and cannot be responsible for, these outside websites or their content, Images. Please be aware that those linked sites have their own terms and privacy policies, and we encourage you to read them.
6. Your Privacy Responsibilities
You agree to comply with all applicable data privacy laws. In the event that you are an education institution subject to the Family Educational Rights and Privacy Act (FERPA), you agree that MomDeCuisine is a “school official” as that term is used in FERPA and as interpreted by the Family Policy Compliance Office, with a “legitimate educational interest,” for the purpose of providing the Site and Services under this Agreement.
Education institutions that allow students under the age of 13 to use the Site or Services agree that they have obtained the necessary permissions for those students to provide any personally identifiable information to MomDeCuisine.
7. Communications, Feedback, Suggestions; Release of Artists, Photographers, Chefs, Housewifes, and/or Writers, Etc.
In order to ensure that Artists, Photographers, Chefs, Housewifes, and/or Writers are free to receive User suggestions and feedback, and to engage with Users about their work, if you use the Site or the Service you agree that you have no claim against, and you hereby release, all past, current and future Artists, Photographers, Chefs, Housewifes, and/or Writers and their respective heirs, executors, administrators, successors and permitted assigns (the “Releasees”), from any of and from any and all actions, causes of action, claims, suits, liabilities, debts, covenants, contracts, accounts, duties, demands whatsoever at law or in equity (“claims”) you have had, have or may in the future have against any of them or arising from or relating to your activity on the Site or your User Content, Images, including any comments, feedback, suggestions or communications you direct at an Artist, Photographer, Chef, Housewife, and/or Writer, except for claims of an Artist’s, a Photographer’s, a Chef’s, a Housewife’s, and/or a Writer’s direct and material infringement of your copyright in original work created by you (an “Infringement”). In particular, if you use the Site or the Service you have no claim for royalties or any other payment, attribution or any other moral or other rights against any Releasee arising from their or your use of any of the Site, the Service or your User Content, Images, unless in connection with an Infringement that you prove in a final, non-appealable judgment issued by a court of competent jurisdiction. You agree that if we ask you to, you will at the Releasee’s expense and without further consideration, execute or cause to be executed all such further deeds, documents, writings or other instruments and give all such further assurances as may be required by a Releasee to effectively carry out the intent and meaning of this paragraph. You also agree that each Releasee is an intended third party beneficiary of your promises in this paragraph, and that they may rely upon them to the same extent as if they were a direct party to this Agreement.
Notwithstanding any other provision of this Agreement, MomDeCuisine is under no obligation to refrain from reproducing, publishing or otherwise using any communications, other than personal information, you send to or receive from us by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information. You hereby waive and release us from any interest or claims you may have had, have or in the future have in any such ideas, inventions, concepts, techniques or know-how, and in any such developments, manufactures, products or services. Please don’t send us any such communications if you want to preserve any interest or rights you may have in them.
8. Respecting the Intellectual Property Rights of Others
MomDeCuisine respects intellectual property rights. If you believe that any Content, Images on the Site infringes on another’s intellectual property rights you may contact us with the contact information on the Site. MomDeCuisine reserves the right to remove Content, Images and User Content without prior notice. MomDeCuisine may also terminate a Users’ access to the Site, immediately and without notice, if MomDeCuisine believes, in its sole discretion, that the User is infringing any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights).
You agree to indemnify and hold harmless the MomDeCuisine Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content, Images provided by you to us or Members infringes the intellectual property or other rights of any third party.
MomDeCuisine is not responsible or liable in any manner for any Content, Images posted by third parties on the Site or available from third parties in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what Users do, post, transmit or share on the Site.
Under no circumstances will MomDeCuisine be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone’s use of the Site or the Service, any Content, Images posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post Content, Images on the Site at your own risk.
MomDeCuisine expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. MomDeCuisine does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.
13. Limitation of Liability
In no event will the MomDeCuisine Parties be liable to you for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, or damages for loss of profits, goodwill, use, data or other intangible losses, whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content, Images or other materials on, accessed through or downloaded from the Site or the Service, even if the MomDeCuisine Parties are aware or have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained in this Agreement, the MomDeCuisine Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MomDeCuisine for the Service during the one month prior to the time the liability arose, or, if amounts are due to you by MomDeCuisine pursuant to Section 7, our aggregate liability to you for such unpaid amounts shall be the aggregate amount of such unpaid amounts. You acknowledge that if no fees are paid to MomDeCuisine for the Service or due to you under Section 7, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the MomDeCuisine Parties, regardless of the cause of action.
11. Electronic Communications
The communications between you and MomDeCuisine use electronic means, whether you visit the Site or use the Service or send MomDeCuisine e-mails, or whether MomDeCuisine posts notices on or through the Site or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from MomDeCuisine in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MomDeCuisine provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
This Agreement continues until terminated by either MomDeCuisine or you. MomDeCuisine reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason, in its sole discretion.
MomDeCuisine may terminate this Agreement and your account, delete your account and remove any Content, Images or information that you have posted on the Site or and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. If we terminate your account or this Agreement, our license to your User Content shall continue as described in Section 3(4) of this Agreement.
If you terminate this Agreement, the effective time of termination is the later of the effective time you specify in your notice and a reasonable period of time, not less than 30 days, after we receive your notice. Notices are automatically sent to us when you delete your MomDeCuisine account or shop and its contents, Images. After termination of your license to us with respect to all of the User Content you contribute to the Site or termination of your account, you will no longer have access to your account and all information contained therein may be deleted. If you need assistance, please contact us at the technical support contact information available on the Site.
Upon termination of this Agreement, for whatever reason, Section 3(4) and (6), 4(1), and 5-17 shall continue to apply following the termination.
13. Applicable Law and Venue
The Agreement and the relationship between you and MomDeCuisine shall be governed by and construed and interpreted in accordance with the laws of Ontario, Canada and the federal laws of Canada applicable therein.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to this Agreement; (b) the Services; (c) oral or written statements, advertisements or promotions relating to this Agreement or to the Services; or (d) the relationships that result from this Agreement or the Services (collectively, a “Claim”) will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the MomDeCuisine Parties for your failure to comply with any such laws.