Terms of Use

I.  TERMS OF MEMBERSHIP

A.  Saucypants membership (“Membership”) is available to your use if you are at least 13 years of age.  When you become a Member, you must provide Saucypants with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, registration forms, surveys, or other informational requests).

B.  The Service is for personal use only.

II. RECIPE STORAGE

A.  Saucypants offers free, unlimited online storage of recipes, cookbooks, recipe content (i.e. directions, ingredients, descriptions), and other content (collectively “Content”).  There is no limit to the Content you can upload. 

B.  You should always preserve your original Content, or make back-up copies on your personal system.  You should not use this Service as the only repository for your Content.

III.  MEMBER CONDUCT

A.  We want to keep Saucypants a fun and safe place for users to store and share recipes.  Users of the Service, whether or not members, must use the Site for lawful and appropriate purposes only.  Your commitment to this concept is critical.  More specifically, you agree to not use this Site to process Prohibited Content.  Prohibited Content includes Content or other material that in any way saucypants believes:

1.  violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;

2.  is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

3.  contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);

4.  advocates illegal activity;

5.  harms anyone, including minors;

6.  attempts to damage, disable, overburden, impair, or gain unauthorized access to the Saucypants servers, computer network, or user accounts;

7.  attempts to collect personally identifiable information in violation of Saucypants Privacy Policy;

8.  violates these Terms, guidelines or any policy posted on the saucypants Site;

9.  interferes with any other party’s use and enjoyment of the saucypanst Site; or

10.  provides a link to any of the above;

B.  Saucypants has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination periodically.  Although Saucypants does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Saucypants may move, delete, and edit Content for any reason, at any time, without notice.

C.  All Content (whether private or public) that is Processed on the Site is the sole property of the user who submitted it.  Thus, you are responsible for your Content.

D.  By viewing the Site, you may be expose to Content that you find offensive.  You take sole responsibility for such exposure.

E.  Saucypants in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.

IV.  NO RESALE OF SERVICE

A.  Your use of the Service may be for personal use only.  You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

V.  COLLECTION AND USE OF PERSONAL INFORMATION

A.  For information on Saucypants’ policies and practices regarding the collection and use of your personally identifiable information, please refer to and read Saucypants’ privacy policy at http://www.saucypants.com/content/privacy.  The Privacy Policy is incorporated by reference and made part of this Terms of Use.  Thus, by agreeing to this Terms of Use, you agree that your presence on the saucypants’ Site and use of the Services on the Site are governed by the Saucypants’ Privacy Policy in effect at the time of your use.

VI.  LINKED WEBSITES AND ADVERTISING

A.  Third Party Websites.  If we provide links or pointers to other websites, no inference or assumption should be made that Saucypants operates, controls, or is otherwise connected with these websites.  When you click on a link within the Saucypants Site, we will not warn you that you have left our Site and our subject to the terms and conditions (including privacy policies) of the destination website.  In come cases it may be less obvious than others that you have left our Site and reached another.  Please be careful to read the terms of use and privacy policy of any destination website before providing any personal information or engage in any transactions.  Saucypants is not responsible for the content or practices of any other website, even if it links to the saucypants Site.

B.  Advertisements.  Saucypants takes no responsibility for advertisements or any third party material posted on its Site, nor does it take any responsibility for the products or services provided by advertisers.  Any dealings you have with advertisers found while using the saucypants Site are between you and the advertiser, and you agree that Saucypants is not liable for any loss or claim that you may have against and advertiser.

VII.  TRADEMARKS

A.  Saucypants, the Saucypants logo, http://www.saucypants.com, and other Saucypants marks, graphics, and logos are trademarks of Saucypants.  None of the Saucypants trademarks may be copied, downloaded, or otherwise exploited without Saucypants’ prior written consent.

VIII.  COPYRIGHT

A.  When you use the Service, you become a participant in an online community of people who enjoy recipes.  In order for Saucypants to make your recipes available to you and your invitees, as well as to use images to offer you a special variety of online services, Saucypants needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms.  Accordingly, as a condition to your Membership, you hereby grant Saucypants a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your Content, solely for providing or improving the Service.  As a condition to Membership, you represent and warrant to Saucypants that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

B.  The Service is protected by U.S. and international copyright laws and by other applicable laws.  You may not Process any Content owned by someone else without the written consent of the owner of such Content.  You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

C.  If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Saucypants has a process in place to respond to your concerns. 

IX.  DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR  BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE SAUCYPANTS’ SERVICES, YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK.  THE SAUCYPANTS SERVICES INCLUDING THE SAUCYPANTS SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, SAUCYPANTS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE SAUCYPANTS’ SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.  SAUCYPANTS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.  SAUCYPANTS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ATE YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT IS INCURRED FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.  IN NO EVENT WILL SAUCYPANTS, SAUCYPANTS’ AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “SAUCYPANTS’ PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SAUCYPANTS SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIMITED LIABILITY OR OTHER THEORY, EVEN IF THE SAUCYPANTS’ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWAS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.  YOU AGREE TO DEFEND, INDEMBIFY AND HOLD HARMLESS THE SAUCYPANTS PARTIES FROM AND AGAINST YOU AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE SAUCYPANTS SERVICES.


X.  TERMINATION

Saucypants may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Saucypants elsewhere within the Service, or (ii) conduct Saucypants believes is harmful to other Saucypants users, the business of Saucypants, or HP Affiliates. Saucypants will not be liable to you and any third-party for any termination of your access to the Service.

XI.  NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material or other material provided through the Saucypants Services infringes your copyright, you should notify Saucypants of your infringement in accordance with the procedure set forth below.

We will process each notice of alleged infringement which Saucypants receives and take appropriate action in accordance with applicable intellectual property laws.  A notification of claimed copyright infringement should be emailed to Saucypants’ Copyright Agent at kitchen@saucypants.com (subject line: “Takedown Request”).  You may also contact us by mail at:

Saucypants, LLC

7904 E. Chaparral Rd. #A110-160

Scottsdale, AZ 85250

To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the saucypants site that is reasonably sufficient to enable Saucypants to identify and locate the material; (d) how Saucypants can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by  the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

XII.  GENERAL INFORMATION

A.  This Agreement shall be governed by the laws of Arizona, without regard to Arizona’s conflicts of law rules. 

B.  If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at kitchen@saucypants.com (subject line: “TOU Violation”).  Precisely how Saucypants responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case.  Please do not rely upon Saucypants’ precise response in one situation as any indication of what Saucypants might do with respect to a different party or a different situation at a different time.  In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user.  Saucypants’ decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy.

C.  Please note that this Terms of Use constitutes the entire legal agreement between you and Saucypants and governs your use of the Saucypants Services (but excluding any services, if any, that Saucypants may provide to you under a separate written agreement), and completely replaces any other prior agreements between you and Saucypants in relation to the Saucypants Services.  It may not be amended or varied by you except in a writing signed by Saucypants.  Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature my not include an electronic or digital signature.  Even if Saucypants acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms.  This Terms of Use operates to the fullest extent permissible buy law.

D.  If any provision of these Terms of Use is unlawful, void, or unreforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. 

XIII.  RECIPE CREDITS/REFUND POLICY

A.  Recipe credits expire under one year.

Thank you for taking the time to read this Terms of Use!  Happy Cooking!

 

 


Feedback Form