Terms of use

By using and/or visiting the website (and all content available through cookshow.com and other websites owned, operated or controlled by Cookshow), you agree to be bound by both these terms and conditions (the “Terms of Use”) and the terms and conditions of CookShow’s privacy notice. If you do not agree to any of these terms, you are not allowed to use the CookShow website.
CookShow reserves the right to update and change the Terms of Use from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes.

Website
These Terms of Use apply to all users of the CookShow website, including users who are also contributors of video content, information, and other materials or services on the website. The CookShow website may contain advertisements, communications from CookShow such as administrative or service announcements, and you agree that such communications are considered part of CookShow  Terms of Use and that you will not be able to opt out of receiving them.

CookShow may also contain links to third party websites, and CookShow assumes no responsibility for the content, terms of use, practices or privacy policies of any third party websites. By using the CookShow website, you expressly relieve CookShow from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each other website that you visit and carefully verify that you accept them.

Access
Your acceptance of Terms of Use 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 unless you have a special authorisation from Cookhow; (ii) you will not copy or distribute or modify any part of the Website in any medium without CookShow’s prior written authorization.
•    You are an individual:
In order to access the website, you must register for an account. In order to register, you must be 13 years old or older. Accounts registered by “bots” or other automated methods are note permitted. Opening an account requires a password. You are responsible, (i) for maintaining the security of you password as well as your account, (ii) for the activity that occurs on your account. You must therefore keep your password secure and notify Cookshow of any breach of security or unauthorized use of your account.
•    You are a professional (cook, restaurant, food producer, food distributor, grocery and/or any business related to the food industry):
You must register for a professional account and you agree to pay the fee related to the professional accounts. Accounts registered by “bots” or other automated methods are note permitted. Opening an account requires a password. You are responsible, (i) for maintaining the security of you password as well as your account, (ii) for the activity that occurs on your account. You must therefore keep your password secure and notify Cookshow of any breach of security or unauthorized use of your account.

Intellectual Property Rights
The content on the CookShow Website, including without limitation, the recipes, tips, videos, photos, text, scripts, graphics, software, sounds, music, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to CookShow and subject to copyright and other intellectual property rights under French and foreign laws and international conventions. Content on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, displayed, broadcast, transmitted, sold, licensed, or otherwise exploited for any other purposes whatsoever without Cookshow’s prior written consent. CookShow reserves all rights not expressly granted in. The website may include videos submitted by other users of the service. You agree to not engage in the distribution or copying of such submitted videos for any commercial purposes.

Cook’s Submissions (for both professionals and individuals as described above)
CookShow permits the submission of recipe, tip or tricks through text, video, photography or other communication tools to be displayed on the site. CookShow does not guarantee any confidentiality with respect to any submissions.

The user who submits a recipe, a tip, a trick, a comment, a photo, a video is solely liable for all consequences and any damages resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from any posting or publishing. In connection with recipe(s) or tips [text, video, photography or other communication tools], you affirm, represent, and/or warrant that: (i) you own or have the necessary rights, and permissions to use and authorize CookShow to use all patent, trademark, trade secret, copyright or other proprietary rights in the recipe and/or the tip and/or the trick and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the communication tool (video, photography…) submitted to use the image  or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. By submitting a Recipe or a tip to CookShow, you hereby grant CookShow a worldwide, non-exclusive, royalty-free, and unlimited in both time and geographic aspects, rights, sublicenseable and transferable license, to use, reproduce, display, change (modify), integrate in its databases, translate, distribute, prepare derivative works of, and perform the recipe or trick in connection with the CookShow Website. The foregoing license granted by you terminates once you notify Cookshow to remove your submission from the website, and Cookshow will do so within a reasonable time period.

You further agree that you will not: (i) submit material that you do not have the right to make available under the law or which is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights or that infringes any patent, trademark, trade secret or other proprietary rights of any party; (ii) publish falsehoods or misrepresentations that could damage CookShow or any third party; (iii) submit material that is obscene, unlawful, defamatory, harmful, pornographic, tortuous, vulgar, libellous, threatening, , invasive , racially or ethnically offensive, harassing, hateful or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise objectionable or inappropriate; (iv) harm minors in any way; (v) post advertisements or solicitations of business: (v) impersonate another person; (vi) use any forbidden or illicit substance (drogue, poison), or dangerous for health ingredients (vii) upload, post, transmit or otherwise make available any material that contains software viruses or any other computer programs designed to destroy or limit the functionality of any computer software or hardware or telecommunications equipment. CookShow does not endorse any Video or any opinion, recommendation, or advice expressed therein, and CookShow expressly disclaims any and all liability in connection with the Video. Copyright infringing activities and infringement of intellectual property rights are not permitted by CookShow on its Website, and CookShow shall have the right (but not the obligation) in its sole discretion to refuse or delete any content or any user account which violates the terms of Use or is otherwise objectionable. CookShow reserves the right to decide if a Video complies with these Terms of Use.

You understand that when using Cookshow Website, you will be exposed to User Submissions from a variety of sources, and that Cookshow is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Cookshow with respect thereto, and agree to indemnify and hold Cookshow, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Cookshow provides an “embeddable player”, which could be incorporated for use in accessing the materials on the website, into your non commercial websites, provided that you include a prominent link back to Cookshow website on the pages containing the “embeddable player”.
CookShow permits you to link to materials on the Website for personal, non-commercial purposes only.

Should you estimate that your copyright, brand, trademark or other intellectual or proprietary right has been infringed in any way according to French laws, please contact immediately Cookshow SARL through mail or e-mail: Cookshow, 40 rue Madeleine Michelis, 92200 Neuilly sur Seine, France. Contact.

Disclaimer or warranties
YOUR USE OF THE SERVICE IS AT OUR SOLE RISK. IN NO EVENT SHALL COOKSHOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COOKSHOW WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT COOKSHOW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR RECIPES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Juridiction
The CookShow Website is offered from its location in the country of France and in respect of French Law. You agree that any action based on this Term of Use must be brought to the French Court of Nanterre, France. You unconditionally consent and submit to the jurisdiction of this court. Due to the global nature or the Internet, you agree to comply with all local rules which may be applicable. CookShow makes no representations that its website is appropriate in other foreign countries and CookShow is not bound by the jurisdiction of any Foreign country. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CookShow's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. CookShow reserves the right to amend these Terms of Use at any time and without notice. YOU AND COOKSHOW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COOKSHOW WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

Indemnity
You agree to indemnify, defend and hold Cookshow, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any Content you provide, submit or make available on or through the Cookshow website or your unauthorized use of any Content.
Cookshow reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Cookshow in the defense of any such claim, action, settlement or compromise negotiations, as requested by Cookshow.

Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

August 27th, 2007