Terms of Service

Acceptance of Terms

Welcome to Cooking-Lists.com! We provide this service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

Cooking-Lists services (the "Service") are provided to you under these TOS and any other operating policies that Cooking-Lists may establish. For the purpose of this TOS, Services refer to free email list hosting and email delivery services offered by Cooking-Lists. Cooking-Lists may make changes to this TOS and your continued use of the Service constitutes your acceptance of any such changes.

The Service is free, although Cooking-Lists reserves the right to charge for it in the future. Cooking-Lists reserves the right to modify or discontinue the Service, or any features of the Service, temporarily or permanently, without notice to you and you agree that Cooking-Lists is not liable to you should it do so.

You agree not to resell for commercial purposes Cooking-Lists Service or use of or access to the Service.

You agree to provide accurate, current and complete information to Cooking-Lists when you register and to let Cooking-Lists know of any changes. Failure to do so may result in termination of your access to the Service. If you are under the age of 13 years old, you must obtain your parent's consent before using the Service. As part of the registration process, you will designate a password. You are solely responsible for keeping your password confidential and for all activities that occur under your password or account. Please let Cooking-Lists know of any unauthorized use of your password, account, or any other breach of security.

Services

Cooking-Lists provides users with various communications tools, forums, personalized content and other programming through its network. You also understand and agree that this service may include advertisements and that these advertisements are necessary for us to provide this service at no cost to members.

Advertisements
1. You can subscribe to a Cooking-Lists list through the Cooking-Lists service without paying any subscription fee to us. We may place advertisements for third parties in any material contained in a Cooking-Lists list. This includes (but is not limited to) emails sent to users, archive message files and pages on the website.
2. From time to time you may view advertisements or promotions from third parties while using Cooking-Lists's Service. Your dealings with such third parties, including, without limitation, the payment for and delivery of goods and services, and any terms, conditions, warranties, or representations associated with your dealings with third parties are solely between you and the third party. Cooking-Lists does not make any representations or warranties with respect to any such dealings or any goods or services which may be obtained from such third parties, and you agree that Cooking-Lists shall have no liability therefor.

You also understand and agree that the service may include certain communications from Cooking-Lists, such as service announcements and administrative messages, and that these communications are considered part of your membership and you will not be able to opt out of receiving them. You understand and agree that the service is provided "AS-IS" and that Cooking-Lists assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to this service and any third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access this service.
Availability
Although Cooking-Lists strives to maintain the availability of the Service twenty-four hours a day, it makes no representation or promise that the Service will always be available, and you agree Cooking-Lists is not liable to you or any third party for any temporary or permanent unavailability of the Service.

Users

List Members
A person who subscribes or joins a list is called a "list member." You may subscribe to any list which is open and whose membership requirements you satisfy. You are fully responsible for managing your subscription: subscribing, unsubscribing, setting to digest or single messages, as well as setting other subscription paramenters that are accessible to you. You acknowledge that Cooking-Lists allows List Owners to determine membership rules and guidelines, to designate lists as "private" or "public," to refuse to accept new members, to remove subscribers from their lists, and to prohibit or remove any content, all in their complete discretion. You agree that Cooking-Lists is not responsible or liable for the content, guidelines, requirements, or conduct relating to any list. Cooking-Lists is not responsible for resolving any disputes that might arise between or among subscribers or third parties from activities on any list or through any use of the Cooking-Lists.

Minors
Cooking-Lists hosts lists for those under 18 years of age. However, if you are under 13 years of age, you must obtain your parent's consent before registering. The terms governing the use of the service by minors and children are subject to change at any time without notice.

Privacy

comply with the legal proceedings;

enforce the TOS;

respond to claims that the contents of any communications violate the rights of others; or

as otherwise provided in the TOS.

Conduct

unlawful, harassing, libelous, abusive, threatening, or obscene communications of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;

spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings;

viruses or other harmful, disruptive or destructive files; or,

content containing nudity or pornographic material of any kind to people under age 18, or to anyone on lists that are not limited to people age 18 or older.

that you will not disrupt or interfere with another subscriber's use or enjoyment of Cooking-Lists' Service;

that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, Cooking-Lists' Service, system resources or accounts, or any servers or networks connected to the Service;

that you will not attempt to obtain unauthorized access to Cooking-Lists' Service, or to private lists on the Service;

that you are solely responsible for your actions in relation to Cooking-Lists' Service, and for any communications transmitted under your account;

that you will not forge header or address information or otherwise impersonate another or create a false identity;

that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from this site;

that you will not disrupt the normal operation of Cooking-Lists' advertising, alter or deface inserted advertisements, or cause any substantial change in the usual content or frequency of emails sent using Cooking-Lists's Services;

that you will not use any means to artificially increase the number of impressions or click-throughs on any list, including but not limited to actions such as subscribing phony email addresses, subscribing email addresses without consent of their owners, or sending empty messages;

that you will not create, operate, or utilize any list whose purpose is to transmit untargeted or unsolicited mass emails, including but not limited to safe email lists;

that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,

that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection.

List Owners may implement rules and policies in addition to those listed above. You agree to comply with all rules and policies associated with the particular lists to which you subscribe. You agree that Cooking-Lists may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account or access if it appears you have violated these provisions.

International Use
International users agree to comply with these rules.

Indemnification

You agree to indemnify, defend and hold harmless Cooking-Lists, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of the Service or your violation of the TOS, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. Cooking-Lists may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Cooking-Lists, however, shall not excuse any of your indemnity obligations.

Termination

You acknowledge that Cooking-Lists in its sole discretion may change, terminate or bar access to your account or to any list in which you are a list member for any reason, with or without notice to you and without any liability to you or any third party. You may also terminate your account for any reason. You also acknowledge that Cooking-Lists, in its sole discretion, may suspend or terminate any list for any reason, with or without notice to you and without any liability to you or any third party. The provisions of the TOS survive its termination. Termination will prevent you from using Cooking-Lists's Service and cease your subscription to any lists. You agree that upon termination Cooking-Lists may immediately delete and bar access to any content or files in your account, including email messages, and cancel your subscription to any and all lists.
Links

Please note that you may encounter Links on Cooking-Lists, within the user interface, archives, administrative interface and other areas, that when followed (clicked) will take you to other websites. Some of these sites may be owned by third parties. Cooking-Lists take no responsibility or authority in the content, availability, or accuracy of these sites. Nor are they responsible for any problems you encounter while visiting third-party websites, including but not limited to, advertising, inappropriate material, viruses, malware or spyware.
Proprietary Rights

Content available through Cooking-Lists – including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided by any third party advertiser, is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. You may download one copy of this content for your personal use only, as long as you keep all copyright and other proprietary notices intact, but are prohibited from any other use except as expressly authorized by Cooking-Lists or the applicable advertiser. You may not copy, distribute or create derivative works of such content without express permission and you may not "frame" any content into Cooking-Lists's site or "frame" content from Cooking-Lists's site into any other site. Cooking-Lists does not claim ownership of the Content you transmit through Cooking-Lists's Service. By transmitting Content through Cooking-Lists for distribution to your Cooking-Lists List, you grant Cooking-Lists a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing Cooking-Lists's hosting, archiving, subscription, and promotion services.

Disclaimer of Warranties

COOKING-LISTS' SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF COOKING-LISTS' SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COOKING-LIST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COOKING-LISTS DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT COOKING-LIST 'S SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES COOKING-LISTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COOKING-LISTS' SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH COOKING-LISTS' SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF COOKING-LISTS SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

COOKING-LISTS DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM COOKING-LISTS SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH COOKING-LIST S SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COOKING-LIST OR THROUGH COOKING-LISTS' SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liabilities

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COOKING-LISTS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE COOKING-LISTS' SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH COOKING-LISTS 'S SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF COOKING-LISTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT COOKING-LISTS IS NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE SERVICE. YOU AGREE THAT COOKING-LISTS DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE. YOU ALSO AGREE THAT COOKING-LISTS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF COOKING-LISTS' SERVICE.

IF YOU ARE DISSATISFIED WITH COOKING-LISTS' SERVICE, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

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