Terms & Conditions
You acknowledge that you have read and agree to abide by the guidelines stated herein.
Terms of Service
- Your relationship with Land of NoshYour use of Land of Nosh’s products, software, services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Land of Nosh under a separate written agreement) is subject to the terms of a legal agreement between you and Land of Nosh. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- Accepting the TermsIn order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: clicking to accept or agree to the Terms, where this option is made available to you by Land of Nosh in the user interface for any Service; or by actually using the Services. In this case, you understand and agree that Land of Nosh will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Land of Nosh, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
- Provision of the Services by Land of Nosh Land of Nosh is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Land of Nosh provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Land of Nosh may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Land of Nosh’s sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if Land of Nosh disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while Land of Nosh may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Land of Nosh at any time, at Land of Nosh’s discretion.
- Use of the Services by you In order to access certain Services, you may be required to provide information about yourself (such as identification, contact details, billing address and credit card information) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Land of Nosh will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Land of Nosh, unless you have been specifically allowed to do so in a separate agreement with Land of Nosh. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Land of Nosh, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Land of Nosh has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Land of Nosh may suffer) of any such breach.
- Your passwords and account security You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Land of Nosh for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Land of Nosh immediately.
- Content in the ServicesYou understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. You should be aware that Content presented to you as part of the Services, including but not limited to featured Content within the Services may be protected by intellectual property rights which are owned by the featured food bloggers or websites who provide said Content to Land of Nosh (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Land of Nosh or by the owners of that Content, in a separate agreement. Land of Nosh reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
- Guidelines for Uploading RecipesYou agree to upload to your account only the content which you have full permission to add and share, whether it be because you are the author/owner of said content or you have sought and optioned the appropriate permission from the author/owner. All users must abide by the guidelines below as pertains to copying, adapting and/or sharing recipes within the Services.
- Ingredient lists - The list of ingredients of a recipe can not be copyrighted according to US copyright law. However, you should give credit where credit is due by filling in the attribution field when adding a new recipe. If possible, link to the recipe author's website where you found the recipe or list the name of the cookbook if no online source is available.
- Instructions - According to the US Copyright law, a recipe's instructions may be copyrighted. Therefore, unless you have permission from the recipe's author, do not copy the instructions into the new recipe you are uploading to your Land of Nosh account. Note: Some food bloggers give permission to copy the instructions to their recipe along with the list of ingredients, but there are others who request that you ask permission prior to doing so or that you not copy them at all. This info can usually be found under each website's FAQ or Legal page. It is your responsibility to find out what each website's policy is regarding this topic and adhere to it.
- Photographs are protected by copyright and therefore can not be posted or shared without the permission or consent of the photographer. Unless the photographer and/or food blogger specifically grants you permission to repost their photograph in association with their recipe, do not post it to a new recipe in your Land of Nosh account. It is your responsibility to find out the photographer's policy regarding the use of their photographs and/or request permission prior to posting any content that is not yours to the Land of Nosh website.
- Proprietary rightsYou acknowledge and agree that Land of Nosh (or Land of Nosh’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Land of Nosh and that you shall not disclose such information without Land of Nosh’s prior written consent. Unless you have agreed otherwise in writing with Land of Nosh, nothing in the Terms gives you a right to use any of Land of Nosh’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Land of Nosh, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Land of Nosh's brand feature use guidelines as updated from time to time. Land of Nosh acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Land of Nosh, you agree that you are responsible for protecting and enforcing those rights and that Land of Nosh has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Land of Nosh, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Recipes featured by Land of Nosh:All recipes featured by the system user "Land of Nosh", which contain a list of ingredients, instructions and photographs belonging to other food bloggers, are featured with the full permission and consent of their authors/photographers. These recipes and photographs remain the property of their original authors and must be treated as such. Even though a food blogger or website may have granted permission to Land of Nosh to feature one or more of their recipes in their entirety, this does not mean that said food blogger has granted permission to other Land of Nosh users to upload other recipes in their entirety from their website. See section 8 (Guidelines for Uploading Recipes) for more information on what content you can upload to your account.
- License from Land of NoshLand of Nosh gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Land of Nosh as part of the Services as provided to you by Land of Nosh (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Land of Nosh, in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Land of Nosh, in writing. Unless Land of Nosh has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Content license from youYou retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. You understand that Land of Nosh, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Land of Nosh to take these actions. You confirm and warrant to Land of Nosh that you have all the rights, power and authority necessary to grant the above license.
- Public and Private AccountsWhen you sign up for a Land of Nosh account, you will make your account either private or public. If your account is private, you will have to approve someone's request to follow you before they can see your recipes and meal plans. If your account is public, anyone can see your recipes and meal plans as well as choose to follow you without having to request further permission from you. Each time you approve someone's request to follow you (or if your account is public from the beginning) you willingly give them permission to copy your content (recipes and/or meal plans in their entirety) to their own accounts. Land of Nosh can not be held responsible or liable for any changes made to any/all recipes or meal plans you create and then are added by your followers.
- Software updatesLand of Nosh will be deploying updates to the website from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Land of Nosh to deliver these to you) as part of your use of the Services.
- Ending your relationship with Land of NoshThe Terms will continue to apply until the services are terminated by either you or Land of Nosh as set out below. If you want to terminate your legal agreement with Land of Nosh, you may do so by (a) notifying Land of Nosh at any time and (b) closing your accounts for all of the Services which you use, where Land of Nosh has made this option available to you. If you should decide to terminate your account, all content you have added to your account will be saved in our database for at least 90 days. You may reactive your account at any time during those 90 days and your account will be just as you left it. If you do not reactivate your account before those 90 days are up, all content may be permanently deleted. Land of Nosh may at any time, terminate its legal agreement with you if:
Nothing in this Section shall affect Land of Nosh’s rights regarding provision of Services under Section 4 of the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Land of Nosh have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Land of Nosh is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the partner with whom Land of Nosh offered the Services to you has terminated its relationship with Land of Nosh or ceased to offer the Services to you; or
- Land of Nosh is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Land of Nosh is, in Land of Nosh’s opinion, no longer commercially viable.
- the credit card information you provided is no longer valid therefore resulting in a lack of payment on your account.
- EXCLUSION OF WARRANTIESNOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT LAND OF NOSH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, Land of Nosh, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Land of Nosh OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Land of Nosh FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITYSUBJECT TO OVERALL PROVISION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Land of Nosh, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
THE LIMITATIONS ON Land of Nosh’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Land of Nosh HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH Land of Nosh MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE Land of Nosh WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- Copyright and trade mark policiesIt is Land of Nosh’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Land of Nosh will not tolerate or provide services to any individual who knowingly infringes on someone else's copyright and/or falsely claims ownership to any recipes, photos or other content. To report copyright infringement or other concerns or complaints, please email: [email protected]
- Other content and Third Party LinksThe Services will include hyperlinks to other third party websites or content or resources. Land of Nosh may have no control over any websites or resources which are provided by companies or persons other than Land of Nosh. You acknowledge and agree that Land of Nosh is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that Land of Nosh is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. We seek to protect the integrity of our site and welcome any feedback about these websites. These websites should also have their own Privacy Policies that govern their relationship with you. Please read their Privacy Policies and Terms and Conditions carefully.
- Changes to the TermsLand of Nosh may make changes to the Universal Terms or add Additional Terms from time to time. When these changes are made, Land of Nosh will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within or through the affected Services. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Land of Nosh will treat your use as acceptance of the updated Universal Terms or Additional Terms.
- General legal termsSometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and Land of Nosh and govern your use of the Services (but excluding any services which Land of Nosh may provide to you under a separate written agreement), and completely replace any prior agreements between you and Land of Nosh in relation to the Services. You agree that Land of Nosh may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if Land of Nosh does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Land of Nosh has the benefit of under any applicable law), this will not be taken to be a formal waiver of Land of Nosh’s rights and that those rights or remedies will still be available to Land of Nosh. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which Land of Nosh is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with Land of Nosh under the Terms, shall be governed by the laws of the State of Tennessee without regard to its conflict of laws provisions. You and Land of Nosh agree to submit to the exclusive jurisdiction of the courts located within the county of Davidson, Tennessee to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Land of Nosh shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Selecting a Payment PlanWhen you sign up for your Free 30-Day Land of Nosh account, you will be asked to select a recurring payment plan based on how often you wish to be billed. At any time during those first 30 days of your free trial you may terminate your account and your credit card will not be charged. If you do not terminate your account during those first 30 days, on the 31st day when your trial period is over, your credit card will be charged the amount listed on the recurring the payment plan you selected upon signing up. You may select a different recurring payment plan or terminate your account at any time. The payment plan changes or termination will be effective immediately and the next billing cycle will reflect said changes as well. There will be no reimbursement for any days remaining on a pre paid plan. The termination will stop all future charges in relation to the terminated account.
- Referral ProgramYou can invite friends to join Land of Nosh's services by sending them a message from within your account. For every friend you refer who signs up for a recurring payment plan, you will receive 1 free month's subscription. Your friend must use the referral link in your personal invitation message to create their account in order to have the referral credit linked back to your account. You will receive your free month's subscription after the first payment on your friend's account has been made. Any free monthly credits you earn will be automatically applied to your future payments. Referral credits cannot be transferred to another user's account.