Digital Cookbook TV
Terms of Use

Welcome to www.DigitalCookbook.tv (this "Site"), a website of Comcast Cable Communications Management, LLC ("we," "our" or "us"). These terms of use (these "Terms of Use") govern your use of this Site. Please read these Terms of Use before you use this Site. By using this Site, you agree to abide by the terms and conditions of these Terms of Use. If you don't agree to these Terms of Use, then you may not use this Site. We may change the terms of these Terms of Use from time to time and at any time. By continuing to use this Site after we post any changes to these Terms of Use, you accept and agree to these Terms of Use as modified.

These Terms of Use apply only to this Site. Other websites, products and services provided by us and/or our affiliates may be governed by different or additional terms and conditions, policies and guidelines. In addition, if you choose to participate in certain events, programs, promotions, contests or sweepstakes, or purchase products or services via this Site, some additional terms posted or provided in connection with such events, programs, promotions, contests, sweepstakes, products or services may apply. We reserve the right to make changes, in our sole discretion, to this Site, the Content, and any products, services or prices, as well as to these Terms of Use.

Proprietary Rights

This Site is provided solely as a convenience to you. All materials on or available via this Site, including, without limitation, recipes, videos, tips, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements making up this Site (collectively, "Content") are protected by copyright, trademark and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree you may use this Site and the Content for limited, non-commercial, personal purposes only.

Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, sold or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. You may not use any trademark or service mark appearing on this Site without the prior written consent of the owner of the mark. To request permission from us, send a written request to: Digital Cookbook TV, 1500 Market St. Philadelphia, PA 19102, Attention: Legal Department, or send an e-mail to us at info@digitalcookbook.tv. We cannot guarantee that we can accommodate your request, and any grant of your request may be conditioned on payment of fees or royalties. Except as expressly provided herein or elsewhere on the Site, you may not add, delete, distort, or otherwise modify the Content or remove any copyright or other proprietary notices. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize this Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited.

Registration

If you elect to register via this Site in order to access and use certain features offered through this Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that your account information is untrue, inaccurate or incomplete, in addition to any other remedies that may be available to us, we reserve the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and this Site by e-mail or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate account information, including, but not limited to, your failure to receive critical information about this Site.

You are solely responsible for maintaining the confidentiality of your account information, including your password and/or other access code, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You shall be liable for any costs, expenses or losses incurred due to any use of your user name, password or account, whether by you or any other party.

In order to use certain features of this Site, you may be required to install or use certain equipment and software. You are responsible for ensuring that your equipment and/or software are compatible with and do not disturb or interfere with the operation of this Site or any portion thereof. Any equipment or software causing interference shall be immediately disconnected and disabled, and we shall have the right to immediately terminate your right to use and access this Site. If any upgrade in or to this Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features of this Site, including the release of new products and services, shall be subject to the Terms of Use.

Ordering Products and Services

You may be able to order certain products and services in connection with this Site. All orders you make in connection with this Site are subject to the availability, terms, and other conditions that apply to the particular products and/or services at the time you place your order, including applicable prices, fees, taxes, tariffs, shipping and similar charges. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order.

Linked Sites

This Site may contain links to other websites that are not controlled or maintained by us. A link to another website does not constitute an endorsement of that website (nor of any product, service or other material offered on that website) by us or our licensors or affiliates. Orders to purchase any products or services from linked websites are subject to the terms and conditions governing that website and such transactions. We are not a party to and shall not have any liability in connection with such transactions. You agree that we will not be responsible for, and cannot the performance of, any products, services, content, advertising, privacy policies, or other materials on or available from such linked websites. Use of such websites is at your own risk. We encourage you to note when you leave this Site and to read the applicable terms of use and privacy policies for such other websites.

Submissions / Code of Conduct

This Site may permit you to submit, transmit or upload feedback, ratings, recipes, tips, videos, notes, postings, ideas, suggestions, concepts, stories, photos or other content and materials via certain now-known or later-developed means or media ("User-Generated Content"). As between us and you, you remain the owner of all rights, including copyright, in any User-Generated Content provided by you. You hereby grant us a perpetual, irrevocable, non-exclusive, world-wide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, and display and perform publicly any User-Generated Content in any media now known or later developed for any purpose. By submitting any User-Generated Content you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant us the license rights set forth above, and (ii) you have obtained the consent, release, and/or permission of each and every identifiable individual person in the User-Generated Content to grant us the foregoing license. You acknowledge and agree that you are not entitled to receive any compensation for or in connection with any User-Generated Content or the exercise of the rights granted to us hereunder.

Further, you agree that, with respect to any User-Generated Content, you will not (i) include any content (including, without limitation, any music or video produced or owned by a third party) that violates a third party's copyright, proprietary or contractual rights or rights of publicity or privacy; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising, solicitations, promotions, contests, spam, chain letters, pyramid schemes or similar content; (iv) transmit any viruses, worms, Trojan horses, SQL injections, spyware, adware or other malware or malicious code or programs designed to interrupt or interfere with the operations or security of this Site, or our or any other systems, servers or equipment, or (v) submit any material that is, or offers or promotes any material, product, service or activity that is, dangerous, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, rule, regulation or order, or is otherwise inappropriate.

You are solely responsible and liable for any User-Generated Content provided by you. We reserve the right, but do not assume any obligation, to review any User Generated Content prior to its display on this Site. We may modify, remove or refuse to display any User-Generated Content for any reason.

You agree not to (i) use this Site, the Content, or any products or services included on or available through this Site for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of this Site are able to type, hacking or defacing any portion of this Site or any servers, systems or other equipment; (iv) forge headers, create a false identity or otherwise impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content, including, without limitation, any product, pricing or personal information.

In addition to any other remedies that may be available to us, we reserve the right to suspend, terminate and/or deny future access to your accounts and/or this Site or any portion thereof if we reasonably believe that you have violated, or submitted any User-Generated Content that violates, these Terms of Use. We cannot be responsible for, and hereby disclaim any liability in connection with, any personal information you post, publish or display in connection with the Site. Please use caution when posting, publishing or displaying any personal information.

Privacy

Any information we may collect through your use of this Site is subject to our Privacy Statement. Please read our Privacy Statement prior to using this Site.

Copyright Infringement

We are committed to complying with applicable U.S. copyright and related laws. If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any User-Generated Content or other material on this Site, you send our authorized agent a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act (the "DMCA"). Upon our receipt of a satisfactory notice of claimed infringement, we will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through this Site or (ii) to disable access to the work(s). We will also notify the user that submitted the work of the removal or disabling of access to the work(s). If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send us a counter notification. Upon our receipt of a counter notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send us a notification of claimed infringement to report alleged infringements of their works to:
DMCA Coordinator
Digital Cookbook TV
1500 Market St.
Philadelphia, PA 19102
Fax: (215) 981-8435
E-mail: info@digitalcookbook.tv

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to us, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with our designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Disclaimer of Warranties

THIS SITE, THE CONTENT AND ANY INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE, FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, OR INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS SITE.

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, SUCCESSFULNESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIALS ON THIS SITE, INCLUDING, WITHOUT LIMITATION, RECIPES, MENUS, TIPS, FOODS, PROCESSES, PRODUCTS, UTENSILS AND/OR EQUIPMENT RECOMMENDED, DISCUSSED OR PORTRAYED ON THIS SITE. WE HEREBY DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT, INFORMATION OR MATERIAL AND FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, PRODUCTS AND/OR SERVICES, OR THE USE OF ANY CONTENT, PRODUCTS OR SERVICES, INCLUDING ANY PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE OR DEATH.

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT ANY CONTENT AND/OR MATERIALS ARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE, THIS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIALS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OR OUR PARENT AND SUBSIDIARY ENTITIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS ("COLLECTIVELY, THE "COMCAST PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THESE TERMS OF USE OR THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THIS SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE. THE LIMITATIONS SET FORTH ABOVE SHALL ALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification / Release

You agree to defend, indemnify and hold the Comcast Parties harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your use of this Site and/or any Content, products or services, breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized use of any Content or submission of User-Generated Content. By using this Site, or making any submissions to us, whether or not through this Site, you are hereby agreeing to release the Comcast Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to us.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. You agree to submit to the exclusive jurisdiction of the courts located within Philadelphia, Pennsylvania. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms of Use constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. Any headings or titles herein are for convenience only and shall not be interpreted to affect the meaning of any provision herein or the intent of the parties hereto. We reserve the right to terminate your access to and ability to use this Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right. Any indemnification obligations, limitations of liability, disclaimers of warranties, and any covenants that, by their terms should survive, shall survive any termination or expiration of these Terms of Use.

Contacting Us

Questions regarding these Terms of Use should be directed to us through one of the Contact Us forms you will find on this Site, or by sending an e-mail to info@digitalcookbook.tv or by sending a notice by U.S. Mail to:

Digital Cookbook TV
1500 Market St.
Philadelphia, PA 19102
Attention: Legal Department

Effective: April 19, 2007