Last revised January, 2019
1. User Generated Content
Neither Colored in Flour, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable a) for any advice or service obtained from a user, contributor, third party, or otherwise obtained via and/or through using the Service, or b) for any other information obtained on the website.
Any information or advice received from a third party user of the Site comes from them alone, and not from Colored in Flour. Colored in Flour does not endorse any specific products, ingredients, practices, or procedures that are recommended by third parties or persons who may otherwise use Colored in Flour services and/or its websites to communicate with users.
Colored in Flour does not have any obligation to pre-screen or approve user generated content and does not do this. You acknowledge that your reliance on any information provided by users, contributors, third party affiliates, or otherwise via the Service is solely at your own risk and you assume full responsibility for all risk associated with that reliance. Without limiting the foregoing, Colored in Flour reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Colored in Flour shall have the right to remove any content that violates this Agreement or is otherwise deemed by Colored in Flour to be objectionable, or otherwise inconsistent with its policies or goals. Colored in Flour does not impliedly endorse, support, sanction, encourage, verify, or agree with the comments, opinions, suggestions, statements posted, uploaded, transmitted, sent or otherwise made available on or through the Service, including without limitation in our social, community, and public discussion areas, photo and video areas, bulletin boards, forums, chats, blogs, columns, articles, personal/job search and other classified ads, contests, sweepstakes,or elsewhere. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Service or publications associated therewith, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our licensors, vendors, and/or Service or Publication providers. By utilizing the Service, you agree that Colored in Flour and any associated licensors, vendors, and/or Service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the Service, including Content that violates this Agreement.
Colored in Flour does not make any representations or warranties about the appropriateness of any particular recipe, provided by the the Service, for any particular person. Users may be provided with ratings for recipes, but the same does not constitute a representation that the same is appropriate for any particular person. The user of the website is ultimately responsible for choosing and deciding whether or not to employ a particular recipe, and the user is solely responsible for the proper selection, handling and use of ingredients.
2. Ownership of the Site, Content, and Related Materials
Ownership of Content posted, created, distributed, or otherwise made available by Colored in Flour, its affiliates, licensors, or vendors is governed by the applicable laws of the United States and other countries, including the associated international copyright and trademark laws and may not be accessed, exported, changed, disclosed, communicated, polled, copied, published or otherwise used outside the context of the use of the Service as directed and instructed by Colored in Flour. Content may only be accessed by a human visually observing webpage provided by the Service and directly operating graphic user interfaces. Users, associated third-parties, and others are not authorized to copy, duplicate, re-distribute, or make available any copyrighted material owned by Colored in Flour, its affiliates, licensors, vendors, or others.
Users or the owner of any Content you post, upload, transmit, send or otherwise make available on or through the Service retain ownership of all rights, title, and interests in such Content. However, by posting, uploading, transmitting, sending or otherwise making available Content, registering for the Service, or engaging in any other form of communication with Colored in Flour (on or through the Service or otherwise), you irrevocably grant Colored in Flour a royalty-free, non-exclusive, unrestricted, worldwide, perpetual, right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, license, sublicense, syndicate, or otherwise provide to others, use, or change all such Content and communications in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
Colored in Flour reserves the right to use, re-distribute, copy, publish, or otherwise claim ownership to any ideas, suggestions, developments, recipes, descriptions, and/or inventions that you post, upload, transmit, send or otherwise make available on the Service in any manner herein listed without any compensation or attribution to you.
3. Electronic Communications
When you use any Colored in Flour Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. By utilizing the Service and engaging in electronic communications including, but not limited to, those listed in the foregoing, you consent to receive communications from us electronically. Accordingly, you agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
4. Site Access, Security and Restrictions; Passwords
If you create a subscriber account with Colored in Flour, you agree to complete the registration process by providing current, complete, and accurate information as required by Colored in Flour. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Colored in Flour. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Colored in Flour will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
5. No Health Consultation, Nutrition Services, or Medical Advice or Services
THE CONTENT OF THE SITE AND THE SERVICES PROVIDED BY THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL HEALTH CONSULTATION SERVICES, NUTRITION SERVICES, OR MEDICAL ADVICE, SERVICES, OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED AND LICENSED DOCTOR OR APPROPRIATE PROFESSIONAL FOR HEALTH AND DIETARY ADVICE, GUIDANCE AND SERVICES. YOU SHOULD ALWAYS SEEK THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL REGARDING ANY QUESTIONS OR CONCERNS YOU MAY HAVE CONCERNING YOUR HEALTH, THE PURSUIT OF A NEW OR ALTERNATIVE DIET, OR ANY RELATED MEDICAL NEEDS OR QUESTIONS. YOUR LICENSED HEALTHCARE PROFESSIONAL CAN ASSIST YOU IN IDENTIFYING MATTERS NEEDING MEDICAL ATTENTION AND ASSIST YOU RELATING TO THE SAME, AND CAN GIVE YOU ADVICE RESPECTING THE APPROPRIATENESS OF ANY PARTICULAR RECIPE FOR YOURSELF OR OTHERS IN YOUR CARE. ALL INFORMATION PROVIDED BY COLORED IN FLOUR OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY COLORED IN FLOUR, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH THIRD PARTY USERS, AFFILIATES, LICENSORS, OR OTHERWISE IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A DOCTOR-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW, OR OTHER PROFESSIONAL OR OTHER RELATIONSHIP. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY COLORED IN FLOUR, ITS CONTENT PROVIDERS, AFFILIATES, LICENSORS, VISITORS TO THE SITE, USERS, OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE COLORED IN FLOUR MAY FACILITATE YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH CULINARY PROFESSIONALS, MEDICAL PROFESSIONALS, NUTRITIONISTS, AND OTHERS, COLORED IN FLOUR DOES NOT PROVIDE MEDICAL ADVICE, HEALTHCARE, OR NUTRITIONAL SERVICES AND ANY PROFESSIONAL RELATIONSHIP ASSOCIATED WITH YOUR DIET OR ANY RECIPES YOU UTILIZE IS SOLELY BETWEEN YOU AND ANY MEDICAL PROFESSIONAL OR NUTRITIONIST WHOM YOU SELECT. ALL CULINARY PROFESSIONALS, NUTRITIONISTS, ALLERGISTS, HEALTHCARE PROFESSIONALS, OR MEDICAL PROFESSIONALS IDENTIFIED OR ACCESSIBLE THROUGH THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH COLORED IN FLOUR.
6. License And Access
The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Colored in Flour. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other content or information (including; images, text, page layout, or form) of Colored in Flour without our express written consent.
7. Accuracy and Integrity of Information
Although Colored in Flour attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Colored in Flour so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Colored in Flour shall have no responsibility or liability for information or Content posted to the Site from any non- Colored in Flour affiliated third party.
8. Links to Other Sites
Colored in Flour makes no representations whatsoever about any other website that you may access through this Site. You agree that when you access a non-Colored in Flour site, you understand that it is independent from Colored in Flour, and that Colored in Flour has no control over the Content on that website. In addition, a link to a non-Colored in Flour website located anywhere on the Service, including in the context of advertising and affiliates, does not mean that Colored in Flour endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
9. User Information
If you submit, upload, post or transmit any information, requests, comments, ideas, suggestions, information, reviews, videos, images or other materials to us or to or via our Site (“User Information”), you agree not to provide any information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.
By using Colored in Flour in any capacity, you agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Colored in Flour, its affiliates, vendors, licensors, Users, and otherwise that you have the legal right and authorization to provide all User Information to Colored in Flour and all entities or individuals associated therewith.
COLORED IN FLOUR IS NOT RESPONSIBLE FOR THE CONSEQUENCES RECOGNIZED AS A RESULT OF PERSONALLY IDENTIFIABLE INFORMATION OR CONTENT POSTED, UPLOADED, TRANSMITTED, SENT, OR OTHERWISE MADE AVAILABLE TO THIRD-PARTIES, OTHER USERS, AFFILIATES, VENDORS, ADVERTISERS, OR OTHERWISE IN THE USE OF THE SERVICE.
10. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on or communicated by our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Colored in Flour respects the intellectual property rights of others and expects its users to do the same. In accordance with United States Online Copyright Infringement Liability Limitation Act (“OCILLA”) of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. sec. 512. Accordingly, Colored in Flour will respond promptly to notices of alleged infringement that are reported to Colored in Flour, or its Designated Copyright Agent, at the address given below:
B) Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements:
1. Identify the copyrighted works that you claim have been infringed;
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to email@example.com.
11. Disclaimer of Warranties
COLORED IN FLOUR DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COLORED IN FLOUR DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COLORED IN FLOUR DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
12. Limitation of Liability Regarding Use of the Site
To the fullest extent permitted by applicable law, Colored in Flour shall not be liable for any damages, loss of profits or revenue for indirect, incidental, punitive, exemplary, special, or consequential damages or damages or costs due to loss of data, production, or use, business interruption or procurement of substitute goods or services, whether or not Colored in Flour has been advised of the possibility of such damages occurring.
The Service provided by Colored in Flour is not meant or considered to be medical advice, nutritional advice, or professional health consultation. Colored in Flour, its affiliates, licensors, vendors, and/or service or publication providers disclaim any liability or loss connected with the use of the Service. The Service does not provide any medical health consultation services, individually crafted recipes, or medical diagnoses. The Service is not intended to take the place of diligent care, and the User is required to ensure that recipes utilized do not include allergens, whether life threatening or dangerous. Users are advised that to seek the advice of a physician or a qualified healthcare provider prior to starting any new diet or nutrition program.
The User is solely responsible for the diligent performance of his or her duties of care in preparing all recipes. Colored in Flour does not make any representations or warranties about the training or skill of any contributors, users, third parties, or others who utilize this Service. The User is ultimately responsible for choosing the appropriate ingredients, maintaining a clean and hygienic workspace, and deciding whether or not to utilize a particular recipe, brand, or ingredient.
Colored in Flour may, at its sole discretion, discontinue or modify the Services provided, and may suspend, restrict, modify, terminate, and/or discontinue User access to Services, for any reason, with or without notice, and without any liability to you or any third party. In addition, Colored in Flour reserves the right to refuse to provide any User with any future access, visitation, and/or use of the Service. Colored in Flour assumes no responsibility for the timeliness, deletion, or failure to store any content, including (but not limited to) recipes, information, user communications, or personalized settings.
The Service herein is controlled and offered by Colored in Flour in the United States of America. Colored in Flour makes no representation that the Service is appropriate or shall be available for use in other locations and countries. Those who access or use this Service in other countries must do so in accordance with this agreement, as the same may or may not be regulated or changed by local governing law and utilize the services at their own risk and volition.
COLORED IN FLOUR AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COLORED IN FLOUR TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $1000 (ONE THOUSAND DOLLARS).
13. Dispute Resolution
Colored in Flour will try to work in good faith to resolve any issue you have with the Site, if you bring that issue to the attention of the Site administrator. However, we realize that there may be cases where we may not be able to resolve an issue to a User’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other Colored in Flour site will be governed by the laws of the State of New York, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Services or any other Colored in Flour site, shall be exclusively in the state and/or federal courts of the State of New York located in New York County (Manhattan), and you consent to the personal jurisdiction of those courts over you with respect to claims or controversies arising out of this Agreement.
14 Force Majeure
16 Right to Modify Revisions; General