Published: June 1, 2023
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
2. Who may use the Services
You must be 18 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least 16 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
3. How to contact us
If we have to contact you, we will do so by sending you an email at the address provided by you during the registration process for a Fresco User Profile (please see paragraph 5).
4. Your use of the Services; Use restrictions
Provided that you comply with these Terms, we grant you a non-exclusive, non-sublicensable, non-assignable, non-transferable license to install and execute the software provided to you as part of the Services (and to download a single copy of the App onto the equipment or device specified by us) for your personal, non-commercial use. We may revoke this license at any time for any reason.
You may not do any of the following, or enable or permit any third party to do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
5. User registration for remote appliance operation and recipe access
When registering with us, you are responsible for ensuring that the information given for your Fresco User Profile (together with any other information which you may from time to time provide to us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading. You are also responsible for notifying us of any changes to such information, in order to ensure that your Fresco User Profile is up-to-date. You can access, edit and update your Fresco User Profile by logging into the mobile application and navigating to the Profile section to make any necessary changes.
You are solely responsible for any activity on your Fresco User Profile. You must ensure that your Fresco User Profile is used only by you, and the security and confidentiality of your Fresco User Profile username and password are maintained at all times and not disclosed to other individuals or third parties. We are not liable for any acts or omissions by you in connection with your Fresco User Profile. You must immediately notify us at [email protected] if you know or have any reason to suspect that your Fresco User Profile or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Fresco User Profile.
6. Mobile Software from the Apple App Store
7. Changes to the Services or these Terms
We may change the Services in order to reflect changes in relevant laws and regulatory requirements, implement technical adjustments and improvements, for example, to address a security threat, or for any other reason in our sole and complete discretion.
We may also ask you to update the App for the reasons set out above. If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the App or other Services.
We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
8. Intellectual property rights
9. Your content ownership and license grant
In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content as required to be able to operate and provide the Services. You further grant us the right to share recipes you submit to the Services on our social media platforms and in email marketing. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing the Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
After uploading a recipe using our web application, Fresco Creator, you have the option to share your own recipes, and recipes from other online or print sources, with our community of users, in the Fresco recipe format. If you wish to submit a recipe for publication in the App, we will require an image of that recipe as a component of the submission. If we have reason to believe that you do not own the image, we may contact you by email (that which you have used to register your Fresco User Profile), and the recipe may not be published in the App until you confirm. We may choose to publish or not to publish any recipe or other content in the App in our sole and complete discretion. You acknowledge and agree that a published recipe will be available for use by all users of the Services and will be attributed to your Fresco User Profile.
10. Notice of Infringement – DMCA (Copyright) Policy
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification as indicated below by providing the following information in writing:
Notices of copyright infringement claims should be sent by mail to: Fresco, Attn: Copyright Office, The Priory, John St. West, Dublin 8, Ireland - D08 AP63, or by e-mail to [email protected]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all necessary information. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
11. Adherence to Community Guidelines:
Your Fresco User Profile may allow you to leave reviews and comments on recipes within the App. By doing so, you agree to act in accordance with our community guidelines, published if full here: https://frescocooks.com/community-guidelines.
We may remove Your Content, including any reviews or comments on other users’ recipes, from the Services for any or no reason, including immediately upon discovering a violation of these Terms or our community guidelines, which include the prohibition of plagiarism, derogatory comments toward other users, spam and the use of profane language.
12. Use of Third Party Materials in the Services
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Fresco is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
13. Use of the App
You acknowledge and agree that the operation of the App is dependent upon the proper and effective functioning of the internet and other third-party equipment and services and that we do not guarantee and will not be liable for unavailability of the Services in any way. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or service will be available in any particular geographic location. As part of the Services, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Fresco. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Fresco.
YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRESCO, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “FRESCO ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS IN CONNECTION WITH THESE TERMS AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FRESCO DOES NOT WARRANT THAT THE SERVICES, INFORMATION CONTAINED THEREIN, OR ANY RELATED SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE AT ANY PARTICULAR TIME, UNINTERRUPTED, OR SECURE; THAT ANY ERRORS WILL BE CORRECTED; OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT FRESCO IS SOLELY PROVIDING THE SERVICES, AND FRESCO SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OR FUNCTIONALITY OF ANY APPLIANCE OR THE OPERATION THEREOF OR INTERACTION THEREWITH, INCLUDING BY WAY OF THE SERVICES.
16. Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL ANY OF THE FRESCO ENTITIES BE LIABLE FOR ANY CLAIM, DEMAND OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, ANY INFORMATION OR CONTENT ACCESSED THROUGH THE SERVICES OR THE USE, DELIVERY OR PERFORMANCE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE FRESCO ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT DAMAGES IN CONNECTION WITH THESE TERMS OR THE SERVICES ARE FINALLY AWARDED BY A COURT OF COMPETENT JURISDICTION, THE FRESCO ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Other important terms