Effective as of April 20, 2022
Thank you for visiting The Buttery Fairytale (“we, “us”, or “our”). These Terms and Conditions have been put in place to form a legal agreement that is binding in nature on behalf of you (“user”, “you”) and The Buttery Fairytale (“we”, “us” or “our”) regarding how you enter and use thebutteryfairytale.com and also any other such form of this Website that may exist or come to exist in the future in the form of an application or any other such way (collectively, the “Website”). You give consent that by visiting and using the Website, you have fully understood and have completely read through these Terms and Conditions and have understood that these Terms and Conditions will be binding upon you as a user every single time you use the Website. IT IS TO BE MADE CLEAR THAT IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS GIVEN, YOU ARE NOT ALLOWED TO USE THIS WEBSITE AND NEED TO LEAVE IMMEDIATELY.
These Terms and Conditions may be updated as time passes and this may occur without you being given any notice or update. It is requested that you keep visiting this page and update yourself on any changes made in the Terms and Conditions. Certain aspects that have not been explained in detail in these Terms and Conditions will be explained in detail in our Privacy Policy.
THE SECTIONS BELOW IN THESE TERMS AND CONDITIONS SPEAK ABOUT YOUR LEGAL RIGHTS. KINDLY GO THROUGH THEM AS THEY SPEAK ABOUT HOW ARBITRATION IS BINDING UPON YOU.
WHO ALL ARE ALLOWED TO VISIT THE WEBSITE:
When you choose to visit the Website, you agree that you are:
- A Legal Adult of sound mind;
- That you have completely read through these Terms and Conditions, and have absolute understanding of these Terms and Conditions. Not just this but by reading and understanding these Terms and Conditions, you hereby also accept that you are legally tied to these Terms and Conditions and also legally bound by our Privacy Policy. If you do not agree to either our Terms and Conditions, or Privacy Policy, or both, you are not allowed to use the Website.
REGARDING THE USE OF THE WEBSITE:
1) Who is Allowed to Use The Website:
Everyone who is a Legal Adult is allowed to use the Website provided they use it with the right intention.
As a user, you are allowed to:
- View all the content made available to the public on the Website. You can use all the features available for use on the Website as well;
- You can email us if you want to submit a recipe to us to be made public on the Website. You can also email us if you want to suggest us to create a recipe as well;
- You may comment and rate recipes on the Website. While posting comments, you may also be able to interact with other users on the Website;
- You may subscribe to our Email Newsletter;
- You may email us if you need any queries answered or if you just want to get in touch.
It needs to be mentioned here that we may, at any time, ban a user from visiting the Website on our own terms if we feel it is the right thing to do at that given time. This may also happen if we understand that someone is going against the Terms and Conditions given here. We also have the right to read through, if we will, the content sent in or written by you and may also remove any such content at our own discretion. All of these may occur without any prior notice to you.
2) Rules You Must Follow as a User:
We want to make the Website a safe place for users to visit and interact. For this reason, we have quite a few rules in place that we require you to follow.
As a user of the Website:
- You will make sure to follow all the laws that apply while using the Website;
- You will not try to use the Website for any illegal purpose or reason that goes against the law;
- You will not post, put up, transfer or do any such things of any of the content on the Website that will affect and go against our copyright, trademark or any such sole, unshared rights of any person or medium;
- You will not try to advertise any other products, services or websites on the Website;
- You will never post any speech on the Website that holds hatred and goes against a certain group (this may be based on that group’s religion, ethnicity, disability, culture, age, gender or any other such aspects);
- You will not post content on the Website that is not decent, is pornographic, abusive, disgusting, defamatory to someone or something, or is libelous or slanderous in nature;
- You will not ever post someone’s information on the Website that is personal in nature. This includes the email address, residential address, phone number, bank details or any such information of such person;
- You will never trouble, harass, stalk, threaten or be dangerous to another person or try to do any such activities on the Website;
- You will not remove any data or content or gain any data or content through or from the Website to put together any such collection, compilation or similar without asking us first and getting written permission from us;
- You will not learn any kind of private information of any other user on the Website by blackmailing them, lying to them or committing any such acts;
- You will follow any other such terms and codes of conduct that we post in this Terms and Conditions and our Privacy Policy;
- You will not get between the security measures the Website takes. This also includes the features we may have on the Website that may prevent people from using or copying the content on the Website;
- You will not try and hurt, defame or do any such negative activities to us or the Website in any way;
- You will not make use of any content posted on the Website in a way to blackmail, harm, trouble or do any other such negative activities to another person;
- You will not send us false emails with facts that are untrue related to anything done on the Website. This also includes lying and contacting us to lie to us about instances that have never occurred on the Website;
- You will use the Website in accordance with the current laws and rules applicable to it;
- You will not take part in unapproved, disallowed linking to or framing of the Website without any authorization from us;
- You will not upload or transfer, or try to upload or transfer any kind of viruses, Trojan horses, or any such other matter to the Website. This also includes spamming (which basically means posting the same textual characters over and over again) and using an excess of capital letters, which in turn leads to the hampering of another person’s use of the Website without any interruptions. This will take away the joy of using the Website from our users and will harm the Website as well. Any such activities that will change, spoil, stop, redesign or obstruct the use, features provided, basic functions, the running of and conservation and working of the Website should never be done;
- You will never try to harm the reputation of the Website;
- You will not take part in any kind of automated use of the Website’s system. Examples of this may be you using scripts to write or send comments on our posts or any kind of messages. You are also not allowed to do any acts such as data mining, using robots, scraping, data extraction, data harvesting or any other such activities that collect, gather or extract data automatically;
- You are not allowed to delete the copyright or any such exclusive, sole, proprietary rights notice from any content on the Website;
- You are not allowed to disguise yourself as another user or person or use the name they choose to comment on the Website with;
- You are not allowed to transfer, transmit or upload, or try to transfer, transmit or upload any type or kind of material or matter that acts as a passive or active collection or transfer medium or device of any kind of information on the Website. This includes clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies and other such similar tools. These are also sometimes referred to as spyware and are also known as passive collection mechanisms;
- You will not get in the way of or obstruct the everyday working of the Website. You shall not spoil or cause any kind of heavy load on the Website or on any of the networks and services that are attached to the Website;
- You will not ever trouble, threaten, harass, defame any of the owners, employees or agents of the Website who work towards keeping the experience of visiting the Website good for you and all other users;
- You will not try to get through any safeguards the Website has in place to stop you and other unauthorized persons from entering and using the Website or any part of the Website;
- You will not copy, steal or change the Website’s software. This includes but is in no way limited to PHP, HTML, JavaScript, Flash or any other such code used in the Website;
- You will not unless it is permitted by the Law that shall apply to a situation such as this, derive, reverse engineer, decipher, decompile, disassemble any of the software that encompasses the Website or makes a part of the Website;
- You will not, unless if it is because of you carrying out a search on a search engine or because of you using the internet, use, set in motion, create or scatter any automatic system that includes but is not limited to any spider, cheat utility, scraper, offline reader, robot that enters the Website, or uses or sets in motion any unapproved disallowed script or other such software;
- You will not ever try to purchase the Website by using any such Agent to do so;
- You will not ever make any other use of the Website than the use that is intended for you by the Website itself. This is not allowed and is prohibited. Examples of this may be when you gather the names people have commented using, email addresses of users visiting the Website by any such means which may also be electronic. You are also not allowed to send automated emails that include spam. Spam is also not allowed in the comment section of the Website as has already been mentioned;
- You will not use the Website as a part to use as competition with us or use any part of the Website to generate any kind of money or for any such business or commercial use;
And any other such uses of the Website in a way that is unethical in nature and prohibited is not allowed.
3) Our Intellectual Property:
There are various aspects that make up the Website. The Website holds data such as the software we run on, the recipes we create and post, the content we write, the pictures we click, the videos we record, the graphics we create, the way we design the Website, works that may be audio and visual in nature, any type of audio recordings and related data such as this which may not be mentioned here. This also includes any other matter and data that may be submitted by or on behalf of the Website. This content comes under the protection of the laws of the United States of America and all other respective foreign laws. It is to be stated again that you have absolutely no rights to this content except as has been stated in these Terms and Conditions. You are not allowed to use any content on the Website unless you gain permission in writing from us to do so and even then, you must make sure that you keep all the copyright, exclusive and unshared proprietary notices that are kept in the original content whenever you make any copy of the content and link back to the Website. You are not ever allowed to make a sale of, make a transfer of, make an assignment of, give the license or sublicense of, make a different version derived from the Website, exhibit, change our content on the Website, repost our content, or repost even with slight changes, make the Website perform publicly, give out the Website, distribute or do any such activities with our content in the ways given above or in any other ways for the purpose of putting it out in the public for commercial use. You are also never allowed to post any content or part of any content for any purpose on any other such website or in an environment where there are computers networked to each other. You are given a license that is limited in nature to enter and use the Website as a user for personal non-commercial use, to create the recipes posted and created by us, read the content written by us, watch the videos we record and post, see the pictures we click and post, print a copy of the recipes we post and such other uses as we shall state. This is provided your intention is to use such content only for your personal and non-commercial use. You are not allowed to post our content or use it in any other way whatsoever for any commercial or public use. If you ever want to post any of our content or a part of our content, you need to get permission in writing from us before doing so.
If you have gone against or breached these Terms and Conditions or any part of these Terms and Conditions, any permission that may have been given to you to use the content from the Website ceases immediately and you must straight away delete and completely obliterate the copies made by you of all the stolen content you have taken that belongs to us.
Coming to the trademarks, service marks and logos of The Buttery Fairytale (collectively called the “TheButteryFairytale Marks”) that have been used and shown on the Website are either registered or are unregistered trademarks or service marks of The Buttery Fairytale. When it comes to any other website, product or company’s names and service names on the Website, these belong to and are owned by other persons and are not allowed to be used by you. The TheButteryFairytale Marks are protected by Copyright and Trademark Laws in the United States and all other foreign countries under their Intellectual Property Rights Laws and also under International Conventions regarding the same. The content and TheButteryFairytale Marks that are present on the Website are only “AS IS” for your knowledge and personal use only and no other use whatsoever. You should never from the Website take anything as us giving you by implying, estoppel, or in any other such way, any license to use the TheButteryFairytale Marks. This is never allowed. You are not allowed to ever do so without prior permission given by us for each and every use you may need it for. Without our permission, this is prohibited for you to do. You cannot use our TheButteryFairytale Marks as part of a link to any website or from any website unless you take prior permission to do so from us in writing. All goodwill that comes from using the TheButteryFairytale Marks shall adjust to be to our good. These TheButteryFairytale Marks belong to us and us alone. You are prohibited from using a name, content, structure or design that is similar to that of the Website and trying to be an impostor so as to confuse the users of the Website by trying to impersonate the Website in any form, manner or medium. This will also be a breach of our intellectual property.
Components and content of the Website are protected by trade dress, unfair competition, trademark, copyright and other such state, federal, national and international laws. These cannot be copied in any way, whether wholly or only a part of. The trademarks and trade dress of the Website should never be used with another product or service that does not belong to the Website so as to cause confusion and misrepresentation among our users or in any manner that spoils the Website’s reputation or that of our users.
4) The License We Hold Over Your Content- USER SUBMITTED CONTENT:
You may sometimes as a user, suggest us to make a recipe. The recipe we shall create will be one that we will come up with on our own in terms of ingredients and insturctions. The recipe we create shall be ours in every single way and the rights to this recipe belong to us and only us since you merely suggested it to us and we are the ones who created it and came up with our own ingredients, instructions, photos, videos and every other single piece of content on our own. You are merely giving a suggestion to us to make a recipe and you hold absolutely no right over this content whatsoever. We also may choose to post a “thank you” with your name and personal story on the suggested recipe after we create it, but this is entirely at our discretion and if we post this, we can remove it at any time we want for any reason that we deem fit without prior notice.
We may also sometimes receive recipes from our users. You can email us a recipe you have created or we may ourselves contact you asking you if you would like to submit a recipe of your own to publish on the Website. You may also suggest a recipe to us to create and then we shall do so by creating our own version of said recipe.
You hereby accept that you understand and agree that once you send us a recipe or suggest us to create a recipe to put up on the Website, we reserve the right to post the said recipe or not. We also reserve the right to cancel posting said recipe after accepting to post it or even removing said recipe once it has already been posted if a situation so arises. The judgment to do so and the reasons behind such judgment also, are reserved with us and we have no duty to bring it to your knowledge if any such action is taken. If we do accept to post said recipe, we may then ask you to submit any or all of the following- the recipe (including ingredients, instructions and anything else related to said recipe), your name, a picture of yourself, the story surrounding the recipe and the importance it holds for you. If it is a suggested recipe and no recipe as such has been created and submitted by you and we are the ones creating the recipe on our own, then it is our right to either post your name, story or picture, all three or nothing at all, if we find it the right thing to do or not. The discretion to do so lies with us. In the situation of a suggested recipe, all the rights to the recipe posted lie with us.
The recipe that has been submitted and the content relating to it (hereby called, “User Submitted Content”) will be seen, shared, made public and used by us and others visiting the Website and also, this User Submitted Content will not be private, personal or restricted in any way. User Submitted Content shall include the instructions of the recipe, ingredients submitted, pictures you may submit, personal information about you such as your name, a picture of yourself and the story you have related to the submitted recipe. This includes but is not restricted to the User Submitted Content as well as information that may be personally identifying to you. It should be mentioned here that YOU, AND ONLY YOU, NOT THE BUTTERY FAIRYTALE, ARE ABSOLUTELY AND WHOLLY RESPONSIBLE FOR ALL THE USER SUBMITTED CONTENT THAT YOU EMAIL OR SEND US OR OTHERWISE POST ON THE WEBSITE.
As a user, when you submit User Submitted Content to us, the situation may be that you submit the recipe and pictures with it to us wholly and we test it and find it to be perfect to be posted on the Website. In such a situation, you retain all copyrights and other intellectual property rights to your User Submitted Content. If this does not happen though and if we feel certain adjustments or changes need to be made to the recipe or if you either have not submitted pictures or your pictures do not match with the Website’s aesthetic, or both, we have the right to make some changes in the recipe you have suggested and we also have the right to click new pictures of the dish and the cooking process. In both these situations, we will own the copyrights and intellectual property rights to the recipe modified by us and the pictures clicked by us, but we will still choose to write your name and recipe story, as well as post your picture, with a small notice in the beginning stating that the recipe has been modified by us according to the tastes of our users or the pictures have been clicked by us, or both. In such a situation, your name, your recipe story and the picture of yourself that you send us will still be your property and we will have the license to share it. It needs to be mentioned here that in no way do you have any right to any other content that is present on the Website.
In all the situations given above, except in the situations as mentioned above wherein it has been stated that the Website owns the copyright and intellectual property in some circumstances where a modification has occurred, you as the user submitting your content, shall hold all the copyrights and intellectual property rights to the User Submitted Content but it is important to know and to be stated here that you will give us and our sublicensees a non-terminable, royalty-free, free to sublicense, forever license to the User Submitted Content. This however, does not put us under the obligation to put together, mix with other content present, copy, record, put forth a display publicly, make more derivative works out of, use both commercially and non-commercially, give out and make public, put in transition, translate, put together, change, use fully or partially, place similar recipes under your recipe on the Website, display on the Website or elsewhere in connection with the Website and otherwise use (including for profit-making purposes) your User Submitted Content and all intellectual property and moral rights if we do not wish to do so. We would like to reiterate that we may do this on our own but do not have any obligation to do so. We may exercise these rights throughout the world and universe, through means of media, technology or otherwise known today as well as those that may come into being in the future. You also grant the Website and our sublicensees the right to use your name, recipe, recipe story, your picture, likeness, pictures of the recipe and exact steps of the recipe all of which you have submitted to us. We do not have the obligation to use any part of this submitted information if we do not want to. When you submit a recipe to us, you grant us the irrevocable, worldwide, forever license to use, post and publish, change, edit, modify the recipe in the way we feel it will be better to be posted on the Website, in whole or partly, and to use the said recipe in business, media, technology known today and also discovered in the future, worldwide without any limitations or having to pay any compensation or consideration to the person submitting the recipe and without the right to review, being given a notice or alert or needing any acceptance or approval of such recipe. You shall not get any part of the profits we make from the Website or from your User Submitted Content. We can also use the User Submitted Content to advertise and promote our Website and our offline products such as cookbooks and any other such products that we may create. Your User Submitted Content may also be printed in our offline products and you give us the right to do so. You will not receive any kind of monetary compensation for submitting such User Submitted Content to us and it must be known to you that other users out there may change, repost, see, search for and make use of your User Submitted Content that you knowingly submit to be posted on a public area of the Website. It should also be known to you that under no circumstances whatsoever will we take down the User Submitted Content that you submit to us. This will be harmful for the Website. If you want us to remove your picture, personal story or name or all three, we may do so but once the recipe has been put up on the Website, it can never be taken down until we ourselves we it should be removed at our own discretion.
When you submit User Submitted Content to the Website, each proposal of such User Submitted Content to us consists of your representation and warranty to the Website that:
- The User Submitted Content in question that is the User Submitted Content you are submitting to us is an ORIGINAL CREATION (or you have the right to share the certain recipe with us if it is not an original creation by you in which case, you need to share with us proof of such a right) or you have been inspired by another recipe in which case you must let us know the recipe that has inspired you and must show us the necessary changes you made on your own to such recipe. Plagiarism of any kind shall not be tolerated;
- That you have the necessary rights to allow TheButteryFairytale to own the license to your User Submitted Content, and that its use by TheButteryFairytale and such content partners as allowed by these Terms and Conditions Agreement does not and will never violate, interfere with, or misappropriate the rights of others, whether intellectual or moral;
- That the User Submitted Content that you will submit to TheButteryFairytale will never contain such slanderous, libelous, defamatory, violent, pornographic, offensive material that will go against the Guidelines we have stated above.
5) General Disclaimers:
We have tried our absolute best to make sure that every piece of content we make available to you on the Website has been tested a number of times until it has been perfected but we take no responsibility whatsoever for it. We shall not be liable as a Website for any type of damage that may occur and nor do we take any responsibility for any kind of loss that a person may suffer because of the use of information given, found or provided by the Website. There are quite a few disclaimers we would like to mention here for our users. These are as follows:
- Sometimes, we may share personal information under the recipes or even the blog section of the Website. Here, we may share certain anecdotes or share some experiences and advice that may have worked for us in some part of our lives. We take absolutely no responsibility for those things being helpful to you in the same way they have been helpful to us. This information may have been useful to us but there is no guarantee that it will work the same way for you. We take absolutely no responsibility for you using this information in any way;
- We may on the Website sometimes discuss financial, legal or medical topics. This is simply a discussion and may sometimes be advice but you as a user, should never take this as professional advice in any way. We make absolutely no representations or give any kind of warranties related to this type of information. We urge you to please take advice from a professional in said field no matter what you read here, and never ignore doing so just because of what we have mentioned on the Website. When we write advice or any content whatsoever on the Website, in no way are we creating a client relationship with you;
- We state nutrition information on the Website as well as sometimes speak about nutrition and diet types/preferences on the Website. This may be under a recipe or under the personal blog section. Please do not take this information, once again, as information being given by a professional. We are not professionals in this field and this is merely advice that we state on our Website. We use a third-party nutrition calculator to calculate nutrition facts as a rough estimate on the Website. We urge you to do your own research on it and we do not take any guarantee on this information being accurate. We ask you to please contact a professional nutritionist, professional in that respective field, physician or medical professional before going ahead and following any nutrition information given on the Website and also when making any kind of changes to your diet based on what you read on the Website. When you follow the given nutrition information, make any such change or create such recipe belonging to a diet preference or type, you agree that you will be responsible in case any kind of injury may occur. Please check the ingredients in every recipe even if it is under a category of a diet type/preference you follow. This is because human errors may occur no matter how careful we are so please check the ingredients thoroughly in the recipe you choose to follow. If we suggest a product to you to use in any recipe at all, please check the ingredients in that product to make sure you are not allergic to it. If you are ever in doubt please ask your physician before making a recipe if some ingredients and how they may react with your body seem questionable to you. We are not responsible for any kind of injury, loss, damage, liability, problem that may be caused or said by you to have been caused to you by using the Website and the content under it, and the nutrition information present on the Website. The FDA has not reviewed the information related to nutrition on this Website and how a person reacts to it may vary from person to person. Please keep in mind that any kind of information related to the nutrition information that is provided on the Website as well as under recipes on the Website is only for informational purposes and gives a very rough estimate if possible. Please do not take this as advice from an expert or a USDA food label. We use a third-party nutrition calculator to bring this information to you and do not evaluate this ourselves. We are not responsible for any incorrect information that may be shared or posted;
- The Website mainly posts recipes. These recipes are only posted after being tried and tested multiple times so we deliver the best possible recipes to you. Only once we feel the recipe is a successful one, do we go ahead and update it but the end result of a recipe may differ among different people. Also, please remember that if you change the ingredients, measurements, cooking time, cooking techniques and so forth of a recipe, the information provided may also vary as well as the result you will get after preparing such a recipe. We are not liable for how the recipe turns out for you. When you make changes to a recipe we post, we are still not liable. Also, when you on your own volition and voluntarily, cook a recipe that has been posted on the Website, you accept that you are liable and responsible for any injury that may happen to you while creating or as a result of creating such a recipe.
6) User Reviews, Comments and Ratings:
Reviews, comments and ratings are important on almost every website and we at The Buttery Fairytale hold these aspects of the Website in incredibly high regard.
We do not endorse the reviews, comments and ratings given by users on The Buttery Fairytale nor do these reviews, comments and ratings represent our views. These are the opinions of the respective users and the users alone and we do not have any liability for any economic or such loss that may come from these ratings and reviews. We expect our users to have their morals in place while they put forth these reviews, comments and ratings. We hope you, as our users:
- Do not rate, review or comment on any such recipes and posts that speak of any products, services, trades, businesses or similar with which you have a personal relationship. You will not rate, review or comment on them just because you own them as a business, product, trade or service, or have them as your competition, or have an economic advantage with them, are in an affiliate relationship with them, are their employee or the employee of a rival group or any other such positive or negative relationship. Your reviews, ratings and comments should always be as a neutral third party towards said recipes and posts. Any products, trades, businesses or services that are mentioned in a recipe or post, should only be commented on if you have had personal experience with it;
- Only rate, review or comment when you have tried or genuinely like the sound of a recipe or have personal experience with the said recipe or post. You will not rate, review or write a negative hurtful comment out of no experience with the said recipe or post. You should nonetheless never write a negative hurtful comment and should be civil in the comments section.
- You will never rate, write a review or comment in return of any monetary compensation made to you or any other such benefits promised to you from any other person, medium or entity;
- You should, no matter what, always rate, write a review or comment that is in tandem with these Terms and Conditions and follows the terms mentioned in this Agreement. If we at The Buttery Fairytale, at any time feel that a particular rating, review or comment is not appropriate in any way or for any other reason known to us, we can remove such content without giving any notice or warning whatsoever making our own decision.
7) Affiliate Marketing Information:
The Website may take part in affiliate marketing. What affiliate marketing, in simple terms, means is that we may sometimes post a link, called an affiliate link, on some of our posts. If you click on that particular link and make a purchase, we will receive a small commission on that purchase you make. This is with absolutely no extra charge to you. These links are posted in accordance with the Federal Trade Commission.
The Buttery Fairytale is a participant in the Amazon Services LLC Associates Program. As an Amazon Associate, we earn from qualifying purchases at absolutely no extra cost to you.
8) Advertisement Disclosure:
Sometimes, we may post content that has been sponsored by an advertiser. What this means is that an advertiser, which can be perhaps a brand, a company, a person, an influencer or something or someone similar, will enter into a contract with the Website to make certain type of content that will contain either an advertisement message to such advertiser or will use a product that belongs to this advertiser. According to the Federal Trade Commission, we need to make sure that we mention clearly when we are advertising something and we absolutely do so on the Website.
We receive compensation in return of such sponsored content/advertisement. But we still do put forth an absolutely honest review regarding the product or service used on the Website every time we advertise or allow the sponsorship of a post. Only when we feel the said product or service matches with the values of the Website do we go ahead and advertise or allow it to sponsor us. Every single piece of information posted about an advertisement or sponsored content is our personal view and if you have a doubt about something mentioned regarding such a product or service, you should ask and check with the company, person, agency or similar who or which are advertising or providing the sponsored content. We are in no way liable in this situation.
9) How You Can Communicate With Us:
We love hearing from you and love all the support we get from you! We reserve the right to reply to emails and if an email is not appropriate in nature, we will not reply to it.
When you communicate with us and send us emails, messages, recipe suggestions, recipe ideas, feedback, questions and so on, it is up to us to go ahead and use any such feedback, suggestions and ideas given, to use in any way we want and as we please. We may also use these suggestions and ideas to promote, market, develop, build upon and so forth on the Website and we will not be giving any such compensation or credit to you for the same. We will give credit to you only when you formally suggest or submit a recipe to us and we choose to post it, and even in a situation like this, there are conditions that you can read above under “4. The License We Hold Over Your Content.”
10) ABSOLUTELY NO WARRANTIES AND LIMITATION OF LIABILITY:
YOU ABSOLUTELY UNDERSTAND AND AGREE COMPLETELY BY THE EXTENT OF THE APPLICABLE LAWS THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT THE WEBSITE, THE RECIPES, POSTS, PICTURES, VIDEOS, ANY PRODUCTS AND ALL THE CONTENT ON IT ARE GIVEN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FLAWS GIVING ABSOLUTELY ZERO WARRANTIES, REPRESENTATIONS, CONDITIONS WHICH MAY BE EXPRESS OR IMPLIED OF ANY TYPE WHICH INCLUDES THAT THE WEBSITE WILL PERFORM WITHOUT ANY ERRORS, THE WEBSITE, ITS SERVERS OR ANY OF THE CONTENT PRESENT ON IT ARE WITHOUT ANY KIND OF DANGERS ASSOCIATED WITH COMPUTER VIRUSES OR SUCH KIND OF CONTAGION OR DANGEROUS PROPERTIES OR ENTITIES OR ALSO THAT THE ARTICLES, PRODUCTS AND SERVICES MENTIONED ARE WITHOUT ANY KIND OF FLAWS, LIMITATIONS OR IMPERFECTIONS. WHEN YOU USE OUR WEBSITE, WE HOLD ZERO ACCOUNTABILITY OF THE CONTENT IN THE FORM OF A RECIPE OR ANY OTHER FORM YOU MAY HAVE SUBMITTED OR SUGGESTED TO US IS APPROVED BY YOU OR NOT AND ALSO THAT ANY OF OUR CONTENT WILL MEET WITH YOUR NEEDS OR THAT YOUR USE OF OUR WEBSITE WILL BE WITHOUT INTERRUPTION, ON TIME, SECURE, SAFE AND WITHOUT ANY ERROR.
IN ABSOLUTELY NO WAY WILL WE EVER BE RESPONSIBLE TO YOU OR ANY OTHER SUCH THIRD PARTY FOR ANY KIND OF DIRECT, INDIRECT, SIGNIFICANT, MASSIVE, ACCOMPANYING, SPECIAL OR DISCIPLINARY PUNITIVE DAMAGES WHICH INCLUDES PROFIT THAT IS LOST, REVENUE THAT IS LOST, DATA THAT IS LOST OR SUCH OTHER DAMAGES THAT ARISE FROM YOU USING THE WEBSITE.
IF YOU HAPPEN TO DEPEND ON ANY INFORMATION WE HAVE GIVEN ON OUR WEBSITE, YOU SHOULD KNOW THAT YOU DO SO ON YOUR OWN VOLITION AND AT YOUR OWN RISK. YOU ARE COMPLETELY AND WHOLLY RESPONSIBLE FOR SUCH LOSS OR DAMAGES THAT MAY ARISE FROM YOUR USAGE OF SUCH INFORMATION.
WE NEED YOU TO UNDERSTAND THAT WE DO NOT EVER DEAL WITH ANY KIND OF LEGAL ADVICE, MEDICAL ADVICE, NUTRITION ADVICE, COUNSELLING SERVICES OR ANY OTHER SUCH PROFESSIONAL ADVICE OR SERVICES. IF WE HAPPEN TO MENTION ANYTHING THAT FALLS UNDER THESE CATEGORIES, IT IS THE SOLE OPINION OF THE AUTHOR THEMSELVES AND SHOULD NEVER BE TAKEN AS ACTUAL PROFESSIONAL ADVICE OR SERVICE OF ANY KIND.
WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY DELETION OF A POST, WHETHER A POST IS PUT UP ON TIME, THE DELIVERY OF IT FAILS OR SUCH SIMILAR SITUATIONS.
IT SHOULD BE MENTIONED HERE THAT WHEN THERE ARE ANY POSTS BY OTHER PERSONS WHERE THEY HAVE PUT FORTH AN OPINION, ADVICE, STATEMENT, RECIPE, OR OTHER SUCH CONTENT THROUGH OUR WEBSITE, SUCH STATEMENTS BELONG TO THE PERSONS WHO HAVE SUBMITTED THEM AND SHOULD NOT BE RELIED UPON COMPLETELY. THE PERSONS PROVIDING THIS INFORMATION ARE COMPLETELY RESPONSIBLE FOR THIS CONTENT. WE DO NOT TAKE ANY GUARANTEE THAT SUCH CONTENT IS COMPLETE, ACCURATE, TRUE OR USEFUL NOR DO WE ENDORSE THIS CONTENT NOR ARE WE RESPONSIBLE FOR THE RELIABILITY OF SUCH RECIPES, OPINIONS AND STATEMENTS MADE BY OTHER PERSONS. WHEN A RECIPE IS SUGGESTED TO US, WE HOLD ALL THE RIGHTS OVER IT AS WE ARE THE ONES CREATING IT IN EVERY WAY POSSIBLE. WHEN A RECIPE IS SUBMITTED TO US, WE ARE SUB-LICENSEES TO THE RECIPES SUBMITTED AND DO NOT HOLD ACCOUNTABILITY TO IT. THE WEBSITE TAKES ABSOLUTELY NO RESPONSIBILITY AND IS UNDER NO LIABILITY FOR ANY CONTENT SUBMITTED BY YOU OR ANY OTHER PERSON, WHETHER IT IS THEIR RECIPE, OPINION, COMMENT, ADVICE OR ANY OTHER SUCH STATEMENTS. IN ABSOLUTELY NO WAY AND IN NO CIRCUMSTANCES SHALL THE WEBSITE EVER BE RESPONSIBLE FOR ANY KIND OF LOSS OR DAMAGE THAT ARISES FROM SUCH A SITUATION. IF THE SUBMITTED RECIPE BY SOMEONE ELSE IS A STOLEN RECIPE, WE SHALL REMOVE IT IMMEDIATELY AND THE PERSON SUBMITTING THE RECIPE SHALL BE LIABLE AND NOT THE WEBSITE.
WE AT THE BUTTERY FAIRYTALE WORK HARD AT MAKING THESE TERMS AND CONDITIONS WORK BUT SOMETIMES YOU MAY COME ACROSS SUCH CONTENT BY OTHER USERS THAT IS NOT PROPER. WE AT THE BUTTERY FAIRYTALE HAVE THE RIGHT BUT NOT AN OBLIGATION TO GO THROUGH SUCH CONTENT POSTED NOR DO WE HAVE THE OBLIGATION TO STOP OR WITHHOLD ANOTHER USER FROM USING OUR WEBSITE AND WE ALSO HAVE THE RIGHT TO TAKE ACTION ON SUCH A USER IF THEY ARE GOING AGAINST THESE TERMS AND CONDITIONS OR IN OUR OPINION ARE GOING AGAINST THE LAW, BEING HURTFUL, ABUSIVE, MEAN SPIRITED, SPREADING HATE SPEECH OR SIMILAR. WE HAVE THE RIGHT TO REMOVE ALL SUCH CONTENT AS WELL.
WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT THAT MAY COME FROM USING THE SERVICES AND PRODUCTS, FITNESS FOR A CERTAIN PURPOSE AND ANY WARRANTIES THAT MAY EMERGE WHILE DEALING WITH, DURING THE PERFORMANCE OR USE OF SUCH WEBSITE.
NOW, WHEN IT COMES TO CLAIMS OF WARRANTY, CONTRACT, LEGAL CLAIMS, COMMON LAW CLAIMS OF TORT, PLEASE READ THE FOLLOWING- IN ABSOLUTELY NO WAY WILL WE BE RESPONSIBLE FOR ANY ACCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, LOSSES OF PROFIT OR ANY SUCH DAMAGES THAT RESULT FROM THE USE OF OUR WEBSITE, OR FROM YOU BEING UNABLE TO USE OR ENTER OUR WEBSITE, THE CONTENT ON OUR WEBSITE OR ANY PRODUCT ON OUR WEBSITE EVEN IF WE KNOW AND HAVE BEEN TOLD THAT SUCH DAMAGES MAY OCCUR OR ANY OTHER SUCH WAY THAT WE MAY NOT HAVE MENTIONED HERE; WE WILL NEVER BE LIABLE BECAUSE OF YOU NOT BEING ABLE TO USE THE WEBSITE OR THE CONTENT ON OUR WEBSITE; FOR THE AMOUNT OF MONEY YOU SPEND ON PURCHASING ANY PRODUCTS OR SUBSTITUTIONS FOR SUCH CONTENT; FOR WHEN YOU PURCHASE ANY PRODCUTS THROUGH OUR WEBSITE OR ENTER INTO SUCH A TRANSACTION TO MAKE SUCH PURCHASE OR FOR ANY KIND OF LOSSES YOU ALLEGE TO HAVE INCURRED.
THE WEBSITE MAY HAVE TECHNICAL IMPRECISENESS OR ERRORS, IT MAY ALSO CONTAIN ISSUES CAUSED DURING TYPING DOWN INFORMATION, OR SOME OMISSIONS AS WELL. OUR WEBSITE MAY ALSO SPEAK OF SOME PRODUCTS WHICH MAY NOT BE AVAILABLE IN EVERY COUNTRY IN THE WORLD. JUST BECAUSE WE TAKE THE NAME OF A CERTAIN PRODUCT OR PROMOTE IT ON THE WEBSITE DOES NOT NECESSARILY MEAN THAT THE PRODUCT WILL BE AVAILABLE IN YOUR LOCATION, CITY OR COUNTRY.
WE ALSO HAVE THE RIGHT TO CHANGE, CORRECT, AMEND OR MAKE BETTER A PART OF OR OUR ENTIRE WEBSITE WITHOUT ANY PRIOR NOTICE TO YOU AT ANY TIME.
11) Third Party Websites:
The Website may place links to other websites, also known as third-party websites. We do not endorse or want to promote any of these links to you, we are merely placing these links to make it easy for you to gain certain knowledge that is relevant for a particular recipe, post or article. It should be known to you that the content that is present on these third-party websites is written and made available by someone else and not by the Website. If you have any issues with the content or any other part of that third-party website, then you should contact the owner, employee or webmaster of that website. The Website does not control, or have any control whatsoever on what such third-party websites post or how they function. We do not give any kind of guarantee or acceptance with what these third-party websites post, how true their posts are and how they work in general. We request you to take caution and be careful when you visit these third-party websites and take extra care before downloading any files from websites so your device and systems are protected from any viruses or other such malicious dangerous virtual elements. If you do decide to visit a third-party website, this decision is yours and yours alone and when you visit such websites, it is your own responsibility.
12) Indemnification:
When you visit the Website, you accept that you will indemnify the Website. You agree that you will hold The Buttery Fairytale and its directors, employees, officers, affiliates, licensees, successors, agents, representatives and partners free and out of harm’s way from as well as against any kind of lawsuits, actions, demands, damages, losses, costs, liabilities, expenses or claims which includes but is not limited to reasonable legal fees and reasonable accounting fees which will be a result of you going against these Terms and Conditions, the Privacy Policy, the suggested content you suggest to us, User Submitted Content that you give us, or from you violating our content and not using it well. Any expenses that are incurred because of your claims shall be paid by you which may occur from your misconduct whether intentional or unintentional in which case it will be your negligence, you going against these Terms and Conditions (which include warranties and representations), content that is created or given by you which includes but is not limited to claims of misappropriation or such misappropriation of copyright, infringement, trademark, patent, trade secret or any other such intellectual property or proprietary right, infringement and going against the rights of privacy, publicity or any kind of defamation, libel or slander as well as death, injury to self or property that will arise or relate to your obligations mentioned.
We will give you a notice of any claim, lawsuit or proceeding and shall help you at your own expense to defend this claim, lawsuit or proceeding. You agree to, at your own expense, let us defend and control any situation that results in indemnification as explained under this header. You accept that you will cooperate with us and any requests we make, to help us in defending such a situation if it so occurs.
13) Laws That Are Applicable:
The Website is owned and handled in India and the laws of the Courts of Telangana, India will be applicable. This Agreement being entered into will be under the Laws of the State that is India with no regard to its conflict of law principles to the contrary. Every proceeding that may occur shall be only through Arbitration in Telengana with the laws of the Courts of Telengana, India. When you use the Website, you agree that the jurisdiction shall be of Telangana, India in case of any action, suit, claim, proceeding or such legal action taken under or because of this Agreement which shall be resolved through the mode of Arbitration. You also hereon waive the right to trial by jury arising out of these Terms and Conditions and any such related documents. We make absolutely no claims that the Website is available for use, or suitable in other countries. When you enter and use the Website and content, you do so at your own risk and choice and hence, you are responsible for complying with the respective laws of your country and international laws as well. You also agree that regardless of any other law to the contrary, any action or claim arising out of or that is related to your use of the Website or products or this Terms and Conditions should be filed before one (1) year after such kind of action, cause of action or claim occurred or else you will never be able to do so.
14 ) Termination of these Terms and Conditions – the Agreement:
We hold the right to, on our own, with our own knowledge and in our discretion, impose limits on, regulate, temporarily stop, or completely end this Agreement and your ability to use a part of, or the entire Website. We can do so whenever we want and for any reason known by us. This may occur without you being informed and we shall not be liable for this. We also hold the right to change, temporarily stop or completely stop a part of or all of the Website and this may also be without any kind of prior notice to you and we shall not be liable for doing so.
15) Copyrights and Their Importance:
We at The Buttery Fairytale, understand how important content created by a user is. In the same way, our content is incredibly important to us as well because so much hard work goes into creating it for our users. All our content is protected by Copyright and is not allowed for anyone to use without our permission in writing.
We make sure to follow and comply with all the intellectual property laws and such other laws that are relevant and apply to us.
If you feel we are infringing upon your copyright in any way, please contact us. We will make sure we thoroughly check all of your claims and remove any kind of content that we feel has been posted that violates the law and your intellectual property, or respond back to you with an explanation as to why the said content does not infringe your intellectual property rights.
16) Dispute Resolution:
If there happens to be a dispute that arises out of, or related to these Terms and Conditions, the Website or the content on the Website, the mode of Dispute Resolution shall be Arbitration before a sole Arbitrator chosen by The Buttery Fairytale. This Arbitration shall take place in India under the Arbitration and Conciliation Act of 1996. The seat of such Arbitration shall be in Hyderabad, Telengana. All proceedings of this Arbitration, including with no limitation, any awards, shall take place in English as the language used. The award shall be final with no appeals allowed and it will be binding on both the parties participating in the dispute resolution.
ARBITRATION SHALL BE BINDING ON BOTH PARTIES. NEITHER PARTY SHALL HAVE ANY RIGHT WHATSOEVER TO GO TO COURT FOR THIS MATTER WHEN ARBITRATION HAS BEEN SELECTED AS THE MODE OF DISPUTE RESOLUTION. ARBITRATION SHALL BE THE ONLY MODE OF DISPUTE RESOLUTION.
This Agreement of Arbitration shall still be valid even if other parts of this Agreement are found to be unenforceable or are removed because they are invalid. The part of such a clause that is valid shall still be enforceable. This Agreement of Arbitration will also survive even once your relationship with The Buttery Fairytale is stopped. Any changes made to this Agreement of Arbitration will not apply to you if you have already given a notice of your claim to The Buttery Fairytale.
All communication shall be in the form of written emails to: hello(at)thebutteryfairytale(dot)com.
The limit of any Arbitration action shall be 6 months from the date of the incident from which your cause of action or claim arose after which you will be forever banned.
17) Waiver of Class Action Suits:
You accept that any proceeding or Arbitration that shall take place will be related only between us and yourself alone. All claims and disputes that occur within this Arbitration Agreement will be determined and conducted only from person to person and not on a class, collective or representative basis. When you come to us for relief, relief shall be given only to you as an individual and on an individual basis under this Arbitration Agreement. If more than one person comes, we shall not Arbitrate in a situation such as this. You accept that in every which way, you will place a claim against us only as an individual and not as a plaintiff or member of the class in a class or any representative proceeding whatsoever.
18) Miscellaneous Provisions:
You shall always have in mind that this Agreement and any action you would want to take will fall under the laws of Hyderabad, Telangana, India as the Website originates from India. This shall be without regard to its conflict of laws provisions.
If these Terms and Conditions expire or are removed, the following headers shall always be active: “Laws That Are Applicable”, “General Disclaimers”, “Who Is Allowed To Use The Website”, “Rules You Must Follow As A User”, “Our Intellectual Property”, “The License We Hold Over Your Content User Submitted Content – Licenses”, “How You Can Communicate With Us”, “Absolutely No Warranties and Limitation of Liability”, “Indemnification”, “Termination of these Terms and Conditions – the Agreement”, “Dispute Resolution”, “Waiver of Class Action Suits”, “Copyrights And Their Importance” and “Miscellaneous Provisions”.
If we fail to act upon or carry out any part of these Terms and Conditions, it should not be taken as a removal, rejection or waiver of these parts of the Agreement. No such removal of any part of these Terms and Conditions shall ever occur unless and until it is taken from us in writing, and no such removal of a part of these Terms and Conditions shall ever be taken as a waiver in any other situation.
Unless and until completely and absolutely agreed to by us and yourself in writing, these Terms and Conditions are the complete Agreement between us and you with regard to everything that has been written under this Agreement. If any other Agreement whether in written or oral has been entered into between you and us, this Agreement renders that previous Agreement as unusable and useless. This Agreement shall always be on the side and for the benefit of the Website, our successors and our licensees and sublicensees.