You are invited to use the Liveplate on the basis of the terms and conditions of use set out below.
3. Liveplate as a Social Cooking Network. Liveplate is designed to be a family friendly Social Cooking Network that lets you cook and share the cooking experience with friends, and make new friends who share similar cooking interests. You, the “User”, set up a profile and share cooking activities and recipes; and you can make new friends while enjoying the cooking experience. Users can participate in live video events, or cook-alongs with other users at any time.
4. Information shared on Liveplate. As we promote our family friendly environment, it is our policy that your profile information, posted recipes, or actions within a video chat shall not contain excessively violent, sexually explicit, harassing, lewd, or obscene acts, images, products, services or information that otherwise may be considered offense, against public policy or in violation of applicable law. Many Users participate from their homes; so please keep your language and actions appropriate for viewing in a “family kitchen”.
5. Inappropriate content or actions by other users. Liveplate, in promoting its family friendly Service makes reasonable effort to remove User Content that Liveplate in its sole discretion deems to be inappropriate Content and/or block or otherwise restrict Users who violate the policy in paragraph 4 above. However, Liveplate does not guarantee the site to be free of inappropriate Content. Please notify us immediately of any problems or Content that you believe to be in violation of paragraph 4 at admin@Liveplate.com Subject: inappropriate Content. Users may also flag another User for Liveplate admin to review for paragraph compliance during live events as well.
7. Non-commercial use by individual members. Liveplate is for non-commercial use only, with the limited exception of our sponsors. Illegal and/or unauthorized use of Liveplate Service, including but not limited to “web-spidering” or otherwise harvesting user names/emails for purposes of sending unsolicited emails (phishing), or unauthorized framing of Liveplate products, Content, or other Mivest Service is strictly prohibited. Commercial advertisements, affiliate links, or similar Content may be removed from User profiles without notice and may result in account termination. Notwithstanding the foregoing, Users are welcome to print, save, or reproduce Content of Liveplate for User’s private, non-commercial use.
8. Proprietary rights to User Content. Liveplate does not claim ownership rights to any recipe, text, audio, video, artwork, musical works, or other materials a User may contribute to Liveplate “Content.” After posting or otherwise contributing User Content to Liveplate, User continues to have the pre-contribution rights User may have had in the User Content. However, by posting or otherwise contributing User Content to Liveplate, as valuable consideration, the sufficiency of which is hereby acknowledged, you grant Liveplate a royalty free, non-revocable, perpetual, non-exclusive, sub-licensable license to use, modify, perform, display, distribute, and reproduce, in whole or in part, User Content as part of Liveplate Service. By posting or otherwise contributing User Content, you grant this license to Liveplate fully-paid and royalty-free. This license is non-exclusive and sub-licensable. This means you can also license User Content elsewhere, and that Liveplate can use sub-contractors to deliver the Content.
10. Representations regarding User Content. User, by posting or otherwise contributing User Content represents, covenant, warrants and otherwise agrees that User is the owner or authorized user with the proper authorization to post or otherwise contribute User Content to Liveplate Service; specifically that User has the right to grant the license from paragraph 8, and that posting this Content does not violate the copyrights, contract rights, or publicity rights of any other person. In the event that User misrepresents Users rights regarding User Content, User hereby agrees to defend, indemnify and otherwise hold Liveplate harmless from any claims of third parties arising out of Liveplate’s use of User Content.
11. Rights to Liveplate’s Content. The term “Liveplate” is trademarked, and Liveplate Content, software, code, designs, logos, and layouts are further protected by copyright, trademark, and other applicable laws. Liveplate retains the rights to its Content. Liveplate grants User a limited, revocable, non-sub licensable license to reproduce and display Liveplate content solely for User’s personal use in connection with Liveplate Service. User may not rebroadcast, transmit, publish, or otherwise sell or profit from Liveplate Content without express written permission from Liveplate, with the limited exception of User’s use of User Content contributed to Liveplate by User.
12. Content posted. User Content is not pre-screened prior to posting and does not necessarily reflect the opinions of Liveplate executives, employees, or shareholders. Liveplate makes no warranties, express or implied, as to the accuracy of Content or any materials transmitted between users; notwithstanding the foregoing Liveplate will respond to User notification of violation of paragraph 2 and Liveplate will take action in response to DMCA notifications.
13. Content errors and omissions. Liveplate is not responsible for recipe errors, or mistakes in cooking and baking tips. Liveplate is not responsible for sickness, food allergies, burns, injuries, or death in conjunction with a recipe made or eaten by Users or third parties. Liveplate is not responsible for advice given on the site and cannot check all cooking and baking tips for accuracy.
14. Limitation of Liability IN NO EVENT SHALL LIVEPLATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LIVEPLATE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
15. Indemnification and Hold Harmless. User agrees to defend, indemnify and otherwise hold harmless Liveplate, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, arising from or related to User’s use of Liveplate Service or User Content, including, but not limited to, any claim by a third party.
16. Name and Likeness Release: By participating in Misvesta Service including cook alongs and other Liveplate events as good and valuable consideration, the sufficiency of which is hereby acknowledged, User hereby absolutely and irrevocably grants Liveplate the right and permission to use and reproduce User’s image and voice likeness in whole or in part in recorded media including but not limited to still photographs and media in video or audio format for Liveplate’s use in the Liveplate Service.
17. Copyright Policy: In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Liveplate prohibits uploading or posting of copyrighted material without appropriate authorization. Liveplate with take appropriate action as stated below to comply with the DMCA.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Responses may include disabling a sender's ability to transmit material claimed to be the subject of infringing activity in .Pando format and/or terminating such sender's ability to use the Pando application at all. If we take such measures, we will make a good-faith attempt to contact the sender who transmitted the content so that he or she may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.
If you are a copyright owner or an authorized agent thereof and believe that any user of the Liveplate application or website content has infringed upon your copyrights, you may submit a notification pursuant to the DMCA by filing a notice of infringement with our Copyright Agent. To file a notice of infringement with our Copyright Agent, you must provide a written communication (by fax, regular mail or e-mail) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above or which you claim is the subject of infringing activity. You must identify each separate item of infringing material.
3. Provide information reasonably sufficient to permit Liveplate to locate the material.
4. Provide information reasonably sufficient to permit Liveplate to contact you (email address, telephone number and a mailing address).
5. Provide information, if possible, sufficient to permit Liveplate to notify the user that allegedly sent infringing material (email address is preferred).
6. Include the following statement: "I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law."
7. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
8. Sign the paper.
9. Send the written communication to the following address:
Attn: Copyright Agent
7251 NE 2nd ave Suite 201
OR Fax to:
Attn: Copyright Agent
Subject: DMCA Counter Notification
OR email to:
admin@Liveplate.com with the words "DMCA Complaint" in the subject line
You hereby acknowledge that if you fail to comply with all the of the requirements set forth above, your DMCA notice may not be valid.
Procedure to Supply a Counter-Notice to the Designated Agent: If the User believes that the removed or disabled is either not infringing, or believes that User has the right to post that material from the copyright or IP owner, the User (or agent) must send a counter-notice to the Designated Agent as follows:
User’s physical or electronic signature;
Identification of the material that has been removed or disabled
A statement, made under penalty of perjury, that User has a good faith belief that the Content was removed or disabled as a result of mistake or misidentification; and
User's name, address, telephone number, and email address, and a statement that such person or entity consents to the jurisdiction of the federal court for the judicial district in which they are located.
If a counter-notice is received, Liveplate may send a copy of the counter-notice to the original complainer informing that person that we may replace the removed material within 10 business days. Unless the copyright or IP owner files a legal action against the content provider, Liveplate may replace or enable access to the disputed material within 14 business days, at its sole discretion.