Terms of Use

1. Welcome

   Welcome to DietandRecipes.com, a service of DietandRecipes.com and its affiliates (collectively, "DietandRecipes.com", "we", or "us"), an environment that fosters interaction and participation among its members, visitors and casual users (all governed by this Terms of Use).

2. Acceptance of Terms of Use

   Please read this Terms of Use before you use this website. By using this website, you agree to abide by the terms of this agreement. If you don't agree to these terms, then please don't use this website. We may change the terms of this agreement from time to time. By continuing to use the website after we post any changes, you accept and agree to this agreement, as modified.

3. Privacy

   DietandRecipes.com respects the privacy of visitors and users of this website. Please review our Privacy Policy located at www.DietandRecipes.com/help/privacypolicy.php.

4. DietandRecipes.com Website

   These Terms of Use apply to all users of the DietandRecipes.com website, including users who are also contributors of video content, information, and other materials or services on the Website. The DietandRecipes.com website may contain links to third party websites that are not owned or controlled by DietandRecipes.com. DietandRecipes.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DietandRecipes.com will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve DietandRecipes.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the DietandRecipes.com Website and to read the terms and conditions and privacy policy of each other website that you visit.

5. Visits and Registration

   A. DietandRecipes.com hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without DietandRecipes.com's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
   
   B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DietandRecipes.com immediately of any breach of security or unauthorized use of your account. Although DietandRecipes.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DietandRecipes.com or others due to such unauthorized use.
   
   C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the DietandRecipes.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, DietandRecipes.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DietandRecipes.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

6. User-Generated Content

   DietandRecipes.com allows you to provide your content (including without limitation text, data, photos, graphics, music, sounds and videos) for display to others in a number of forms herein collectively or individually known as ("User-Generated Content"). As between DietandRecipes.com and you, you remain the owner of all rights, including copyright, in any User-Generated Content you submit. You grant DietandRecipes.com an exclusive, world-wide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display and perform publicly any User-Generated Content in any media now known or later developed. By submitting any User-Generated Content you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant DietandRecipes.com the license rights set forth above, and (ii) you have obtained the consent, release, and/or permission of each and every identifiable individual person in the User-Generated Content to grant the foregoing license to DietandRecipes.com. Further, you agree that, with respect to any User-Generated Content, you will not (i) include any content (including, without limitation, any music or video produced by a third party) that violates a third party's copyright or other proprietary rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
   
   DietandRecipes.com does not endorse any User Generated Content or any comment, opinion, recommendation, or advice expressed therein, and DietandRecipes.com expressly disclaims any and all liability in connection with User Submissions. DietandRecipes.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DietandRecipes.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. DietandRecipes.com reserves the right to remove Content and User Submissions without prior notice. DietandRecipes.com will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. DietandRecipes.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. DietandRecipes.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
   
   DietandRecipes.com reserves the right, but does not assume any obligation, to review any User-Generated Content prior to its display on this website. DietandRecipes.com may refuse to display or remove any user-generated content from its website for any reason. Without limiting the foregoing, DietandRecipes.com will remove or refuse to display any User-Generated Content that violates the Community Ethics Guidelines for this website, which can be found at http://www.DietandRecipes.com/help/communityethics.php

7. Other Contents and Links

   While we try to ensure that any information we post to this website is both timely and accurate, errors may appear from time to time. This website may not be updated daily, and certain information may not be the most current information available.
   
   DietandRecipes.com is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by DietandRecipes.com or its licensors.

8. Licenses Granted to You

   Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the website, including to User-Generated Content. The materials available through this website are the property of DietandRecipes.com or its licensors (such as the creators who provide User-Generated Content for the site). The materials available through this website are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, DietandRecipes.com and its licensors expressly reserve all other rights.
   
   You are free to display and print for your personal, non-commercial use any information or content you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. Other than through the use of our "embeddable player" feature, you may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it.
   
   If you desire to display on another website a video from this website that is user-generated content, we provide access to an "embedded player" feature. Your use of the embeddable player feature is limited to personal, non-commercial websites that are under your control.
   
   We welcome links to the homepage of our website. You are free to establish a hypertext link to the homepage of this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by DietandRecipes.com. We do not permit framing or inline linking to our website or any portion of it.

9. Trademarks

   We don't want anyone to be confused as to which materials and services are provided by DietandRecipes.com and which aren't. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark. DietandRecipes design logo are registered trademarks and/or service marks of DietandRecipes.com or its subsidiaries or parent. Other trademarks appearing on this website or other sites linked to from this website are the property of their respective owners.

10. User Generated Content Postings; Disclosure

    You are solely responsible for any information that you submit or post on this website. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.
    
    DietandRecipes.com welcomes your feedback about this website and our products and services. We ask that you limit your feedback to these items. Nevertheless, any communications you send to this website or otherwise to DietandRecipes.com are deemed to be submitted on a non-confidential basis and become the sole property of DietandRecipes.com. DietandRecipes.com may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All such uses by DietandRecipes.com shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.

11. Termination

    DietandRecipes.com reserves the right at any time to terminate your use of this website if you fail to comply in full with any term of this agreement, Community Ethics Guidelines, or any other terms, agreements, or policies that apply to this website and the use of it.

12. Indemnification

    You agree to indemnify, defend, and hold harmless DietandRecipes.com (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with DietandRecipes.com in connection with our defense.

13. Disclaimer of Warranties

    YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
    
    THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." DEKHONA.COM AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

    UNDER NO CIRCUMSTANCES SHALL DEKHONA.COM (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DEKHONA.COM AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF DEKHONA.COM (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO DEKHONA.COM FOR THE USE OF THE WEBSITE.

15. Governing Law

    This Terms of Use has been made in and shall be construed in accordance with the laws of India. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in India, in all disputes arising out of or relating to this agreement or this website. In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
    
    By using this website, you agree to abide by the terms of this Terms of Use. We hope you enjoy using this website, and we welcome your visits and seek your feedback to improve further.
    
    Effective: November1, 2007