Terms of Use
Welcome to EatYourBooks.com ("the Service"), a website owned and operated by CookShelf, Inc. ("CookShelf", "we", "us", or "our"). The Terms of Use stated below, along with the Privacy Policy define what CookShelf expects from users of the Service ("Users") and what Users can expect when visiting the Service. While visiting our site, we hope that you will exercise respect for the other users as well as the material that is made available here. Failure to abide by these terms may result in the termination of your CookShelf account and/or privileges. By accessing or using the Service you are agreeing to these Terms of Use and Privacy Policy.
Changes to Terms
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. We will notify you of material changes by posting a notice on our website or sending you an email. Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you. If you do not agree to the modified terms, you should discontinue your use of the Service.
Membership
You must have an Eat Your Books and/or CookShelf account to create a Bookshelf and post on the Forum. By signing up for an account, you agree to pay all applicable fees in effect at the time (see Fees and Payments below) as well as to abide by the terms provided here.
A free account is available that allows you to add 5 or fewer books/magazines to your Bookshelf. To add more books/magazines, you must take out a monthly or annual subscription.
Accounts are for personal use by cookbook owners. If you are an organization such as a culinary school or library, please contact us to arrange a corporate account.
Your username should not be rude or insulting and cannot imply you are connected to CookShelf or Eat Your Books in any way. You cannot use your username to suggest you are someone or from an organization that you are not from
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure.
You cannot transfer, sell or assign your account without the approval of CookShelf. You are responsible for all activity on your account, whether authorized by you or not. If you think an unauthorized individual is using your account, please change your password and promptly notify us at info@eatyourbooks.com.
We have the right to disable any user account or password, whether chosen by you or provided by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
Children under thirteen years of age (13) cannot create accounts due to the Children's Online Privacy Protection Act (COPPA) which restricts the information that can be collected from children under thirteen. Children between the ages of thirteen and eighteen must secure a parent or guardian's permission before creating an account.
Privacy & Data Use
When joining Eat Your Books, you enter your email address, a username, and a password. This data is stored on secure servers and is used to identify you when you sign into the Service. If you wish your records to be deleted, please contact info@eatyourbooks.com.
Your data may be transferred to third-party service providers for email marketing purposes and payment processing. You can change your email subscription preferences at any time by clicking the Unsubscribe button at the bottom of any email sent.
We use cookies and similar technologies to personalize your experience, provide targeted advertising, and analyze our traffic. By using the Service, you consent to the placement and use of these technologies for these purposes.
As 9/13/2024, ownership of Eat Your Books has transferred from Eat Your Books Ltd to CookShelf, Inc. All user data has been transferred to CookShelf, Inc., which now acts as the data controller. This transfer of data was necessary for the continuity of services. By continuing to use the Service, you consent to this transfer and to CookShelf, Inc.'s Privacy Policy.
Prohibited Uses
By using the Service, you agree not to engage in any of the following prohibited activities in connection with the Service:
- Use any robot, spider, scraper, crawler, or other automated means to access, collect, copy, or monitor any portion of the Service, without CookShelf's express written permission.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Service, other than the search engines and search agents available through the Service and other generally available third-party web browsers.
- Use the Service, or any content obtained from the Service, for any commercial purpose without the express written permission of CookShelf.
- Use the Service or any content from the Service to train, develop, or update any artificial intelligence system, machine learning model, large language model, or similar technology without the express written permission of CookShelf. This includes, but is not limited to, using content for training datasets, fine-tuning existing AI models, or using our content for prompt engineering.
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory.
- Attempt to gain unauthorized access to the Service, other user accounts, or CookShelf's computer systems or networks.
- Use the Service for any illegal activities or in violation of any applicable laws.
CookShelf reserves the right to terminate or suspend your access to all or part of the Service for any violation of these prohibited uses.
Fees, Payments & Renewals
We accept various forms of payment for our services, which may include credit cards, debit cards, digital wallets, and other payment methods. The available payment options will be presented to you at the time of purchase. All payments are processed securely through our authorized payment processors. By making a payment, you agree to comply with the terms and conditions of our chosen payment processors, in addition to these Terms of Use. All payments due are in U.S. dollars unless otherwise indicated. We reserve the right to add, modify, or remove payment methods at any time without prior notice. If a previously available payment method is removed and it affects your recurring payments, we will notify you and provide alternative payment options.
All payments are final and non-refundable, except at our sole discretion. If your use of the Service is terminated for any reason, whether by you or by CookShelf, you will lose and forfeit any time remaining on your account.
You must select from the following types of subscriptions: (i) yearly; or (ii) month-to-month. You will be charged the current subscription rate for your type of subscription. Your account is provided with the functionality to cancel future automatic renewals.
Monthly and Annual subscriptions are charged to the supplied payment method and default to renew automatically as at the anniversary date of your subscription.
CookShelf reserves the right to change subscription fees at any time, which will only be applicable at your next renewal date. Furthermore, we reserve the right to add additional features to the Service in the future which may incur additional fees. You will be given at least 30 days' notice of all changes to CookShelf's fees.
Subscription Cancellation
To cancel a Monthly or Annual subscription go to your Account page and follow the cancellation instructions. If you cancel your subscription before the end of your current paid up month or year no fees will be refunded. Your cancellation will take effect immediately and you will not be charged again, though you may continue to use the Service until the end of the paid for period.
CookShelf reserves the right to cancel the subscription or delete the account of any User who is considered to be in violation of these Terms of Use or the Privacy Policy or CookShelf considers to be acting in a disrespectful way toward another User or the protected materials provided by this site. In the event CookShelf cancels a subscription, there will be no refund of any portion of the subscription fee.
User-Generated Content
We welcome your input to our Service through postings to our Service. However, there are a few rules you must follow in order to do so. Failure to follow these rules could result in the suspension or termination of your account. In the event EYB terminates your account for abuse, no portion of your subscription fee will be refunded.
- Be polite. Only post something you would say face-to-face. Comments posted in the Forum become the sole property of EYB and may be used for business purposes including but not limited to marketing and promotions.
- Be alert. If you see a posting you think is abusive, please flag it so that we can deal with it appropriately.
- Do not get personal. Please respect the personal opinions of others. Even if you strongly disagree with a posting, you must refrain from personal attacks and insults.
- Be careful. You may not post anything that violates the copyright or proprietary rights of any third party without their express permission.
- Be warned. EYB is not liable for material posted by Users, including defamatory and offensive material. EYB will make every effort to remove any such material.
- Do not post promotional or marketing messages or try to sell any services or products to Users.
When uploading photos:
- Only upload photographs or images of completed dishes that are relevant and appropriate for that recipe.
- You must hold the copyright of the images that you are uploading. Images that are considered to infringe the copyright or trademarks of other individuals, organizations or companies will not be permitted.
- By uploading an image to EatYourBooks.com, you permit CookShelf and its licensees and assigns, a royalty-free, non-exclusive, worldwide right to copy, crop, edit, publish, display, distribute, sublicense or otherwise use the image for the full term of copyright thereof, in connection with the publication or display of CookShelf content, in all languages and all media, whether now known or hereinafter devised, including without limitation on the Internet, on mobile platforms and/or devices, in printed materials, and in the advertising, publicity and promotion thereof.
- You, and not CookShelf, are entirely responsible for all registered user content that you upload or post, or otherwise transmit via the platform, and you will indemnify us in respect of any loss, liability, claim or damage suffered or incurred by us in connection with any such registered user content.
- You also understand and agree that nothing in this agreement obligates Eat Your Books to display or use your photograph(s).
- CookShelf reserves the right in its sole and absolute discretion to alter these terms at any time for any reason without prior notice, or to terminate the Photo Upload Service for any reason at any time without prior notice, whether removed from the entire Service or removed from individual User accounts.
- CookShelf also reserves the right to reject and remove any uploaded photo from display on its Service, for any reason, at any time, without prior notice.
Intellectual Property Rights
The Service and much of its content, features, and functionality (including but not limited to software, text, displays, video, and audio, and the design, selection, and arrangement thereof) are owned by CookShelf, Inc., its licensors, or other providers of such material. These are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Service may contain content that CookShelf does not own, including text, images, and other materials. CookShelf uses such third-party content in good faith, believing that such use constitutes fair use under United States copyright law. If you believe any content on the Service infringes upon your copyright, please contact us at info@eatyourbooks.com.
You may not change, copy, reproduce, republish, or download any material from the Service without the express written permission of CookShelf, Inc. or the respective copyright owner, unless your use also constitutes fair use under applicable copyright law. You must respect all copyright and other notices. You cannot make commercial use of any material obtained from the Service, except as expressly permitted in writing by CookShelf, Inc. or the respective copyright owner.
Any comments you post in the Forum or reviews of books or recipes become the property of CookShelf, Inc. and can be used by us for any marketing or promotional purposes. However, there will be no personal association made to the User without their explicit permission. All comments and reviews are non-exclusive – i.e., you can use reviews you have also posted on other websites or blogs.
Eat Your Books Digital
The EYBD platform allows access to digital content on the Service – EYBD Book Previews, EYBD Recipe Previews and complete EYBD Books.
- All EYBD material is owned by the cookbook publisher and may be removed by the publisher at any time.
- EYBD content may not be downloaded, printed, copied, or shared.
- Access to EYBD Book Previews and EYBD Recipe Previews is free and available to any EYB subscriber. Access to EYBD Books requires validation of a print book purchase. For further details please go to our Help section.
- Receipts for book purchases that have an EYBD Book promotion must be within the promotional period as defined by the publisher.
- Validation of a print book purchase may be denied by CookShelf for any reason. These may include, but are not limited to, these reasons – image of receipt is unreadable; purchase is after expiry date of promotion; receipt has already been uploaded by another User.
Third-Party Links and Content
The Service may contain links to third-party websites, services, or content that are not owned or controlled by CookShelf. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Service, you do so at your own risk and you agree that CookShelf will have no liability arising from your use of or access to any third-party website, service, or content.
CookShelf is not responsible for the content, accuracy, or opinions expressed on any third-party websites or for the privacy practices of such third parties. We encourage you to read the terms of use and privacy policies of these third-party sites, as their policies may differ from ours.
You acknowledge and agree that CookShelf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
Future Services
CookShelf may offer additional services in the future, including but not limited to mobile applications, expanded content, or new features. Unless explicitly stated otherwise, any new features or services that augment or enhance the current Service shall be subject to these Terms of Use. Your use of such new services or features will constitute your agreement to be bound by any additional terms and conditions associated with these services or features.
Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles.
Dispute Resolution
Any dispute arising from or relating to these Terms of Use or your use of the Service shall be resolved through the following process:
- Informal Resolution: We encourage you to contact us at info@eatyourbooks.com first to attempt to resolve any disputes informally.
- Arbitration Agreement: If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms of Use, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of arbitration will be Seattle, Washington. The language to be used in the arbitral proceedings will be English.
- Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions: The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of a party's intellectual property rights; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this arbitration agreement is found to be void, invalid or unenforceable, then the parties agree to submit to the personal jurisdiction of the state and federal courts located within King County, Washington, for purposes of any legal suit, action or other proceeding arising out of or relating to these Terms of Use.
Disclaimers and Limitation of Liability
To the fullest extent permitted by applicable law, in no event will CookShelf, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any content on the Service or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Use of the Service is at your own risk. You assume full responsibility for any risks stemming from your use of the information on the Service. We recommend you always check the recipes in your own cookbook before going shopping, as there may be slight differences in recipes and ingredients between editions.
Any questions or comments? Please Contact Us.
Last updated September 18, 2024