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TERMS OF USE

You must read and review the following terms of use and disclaimer carefully before using this web site (the “Site”). These Terms of Use govern your use of any material that appears on the Site. By accessing, browsing or using this Site, you acknowledge that you have read, understand and irrevocably agree to be bound by these terms. If you do not agree to these terms, then please do not use this Site. Eric Akis, owner of the Site (“Akis”), reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.

Intellectual Property

All rights, title, interest, ownership and intellectual property rights in and to all content and information on the Site, including, but not limited to, all Site design, images, illustrations, designs, photographs, video clips, audio clips, writings, text, articles, plans, recipes, graphics, interfaces, and the selection and arrangements thereof, are, and will remain, Akis’.

All trade-marks, service marks, logos, titles, trade names or brands used and displayed on the Site are proprietary to Akis or other respective owners. This includes, but is not limited to, EVERYONE CAN COOK (the “Mark”), which is a registered trade-mark of Akis, and all rights in the Mark are reserved to Akis.

Use Restrictions

Akis grants you permission to view this Site and to use, display, copy, download, and print in hard copy portions of this Site for the purposes of accessing the recipes, cooking tips, videos and other data (the “Data”) provided by Akis on the Site for home, non-commercial and personal use only; provided, however, that you do not modify the Site, and that you retain all copyright and other proprietary notices contained in the Data on this Site.

Except in connection with accessing the Data as stated above, no material on this Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, transferred, sold, recorded, mirrored, photocopied or reproduced in any manner without the prior written permission of Akis or the applicable copyright owner. You shall not allow any third parties to use or have access to any Data that you obtain from the Site. You may not use the Data to produce reports, in any form, for resale, transfer, sublicense, or use by or for the benefit of, any third party or entity.

Please note that the permission granted herein terminates automatically if you breach any of the terms or conditions of these Terms of Use.

Disclaimer

The content, information and materials contained within this Site are provided by Akis on an “as is” and “as available” basis. You expressly understand and agree that the use of the materials on this Site is at your sole risk.

Akis expressly disclaims, and you hereby expressly waive, all representations, warranties and conditions of any kind, either express or implied, statutory or otherwise, including, without limitation, warranties or conditions of title, warranties as to the reliability, integrity, accuracy, quality, usefulness or completeness of the content, information or materials on the Site, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. For clarification and without limiting the generality of the foregoing, Akis makes no representation, warranty or guarantee that any recipes, cooking tips, videos on cooking or the like will work or produce a product as described on this Site or be effective if used by you. Akis makes no warranty that the content, information and materials contained on this Site will meet your requirements or that the Site will be uninterrupted, timely, secure, virus-free, error-free or free of other harmful components.

Although Akis believes the content, information and materials on this Site to be accurate, complete and current, Akis does not represent or warrant that such content, information and materials accessible on this Site are accurate, complete or current, or that any errors in the content, information or materials on this Site will be corrected.

In an effort to provide our users of the Site with the most current materials and information, Akis will, from time to time, make changes to the contents of the Site and the materials and information described on this Site.

Akis disclaims all responsibility or liability for any damages caused by viruses contained at or within the Site or within any electronic files sent from Akis or downloaded from the Site. Any materials or content sent, transmitted or obtained through the use of this Site is done at your own discretion and risk. You are solely responsible for any damage to any computer system, mobile telephone, mobile wireless device or data that results from the use of this Site.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Akis be liable for any direct, special, indirect, punitive, exemplary or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data or business profits, computer failure, personal injury or death, without regard to the form of any action, including, but not limited to, contract, negligence or other tortious actions, all arising out of or in connection with the use, copying, downloading or display of any content, information or materials of this Site or the use of any External Site (as defined below), even if Akis has been advised of the possibility of such damages.

Indemnification

By visiting this Site, you agree to defend, indemnify and hold harmless Akis, his successors, assigns, agents, representatives and licensors, from and against any claims, losses, damages, fines, actions, causes of action and expenses (including attorney’s fees and costs) arising out of or relating to your use of the Site, use of any content, information or materials contained on the Site or any External Site, or these Terms of Use.

User Comments, Feedback and Other Submissions Provided by You

You agree that any material and information that you transmit to this Site or otherwise provide to Akis shall be and remain Akis’ property. Akis shall be free to use any ideas, concepts, know-how or techniques contained in such material or information for any purpose whatsoever, including, but not limited to, developing, manufacturing, or marketing products incorporating such material or information.

In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic, or profane material or information or any other material or information that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

Third Party Links

This Site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Akis is not responsible for the availability of, or the content or intellectual property notices located on or through, any External Site. For clarity, Akis does not warrant that the External Sites will be error-free or accessible on an uninterrupted basis, that defects will be corrected or that the server that makes the External Sites available are free of viruses or other harmful components. Akis’ inclusion of links to an External Site does not imply any endorsement of the material on the External Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Akis’ inclusion of links to an External Site imply that Akis is authorised to use any trade-mark, service mark, logo, trade name or any copyrighted symbol that may be reflected in the External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

You will not include a link on any other web site to this Site, either to the home page or to any other page herein, without the prior written consent of Akis.

Revisions

Akis may revise these Terms of Use by updating this posting. By using this Site you agree to be bound by any such revision and should therefore periodically visit this portion of the Site to determine the then-current Terms of Use to which you are bound.

Termination/Cancellation

Akis may terminate these Terms of Use, with or without cause, at any time, in Akis’ sole discretion, without notice and without penalty.

At any time and without cost, charge or liability, Akis may modify or discontinue temporarily or permanently, this Site or any part thereof, with or without notice to you.

General

These Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the province of British Columbia and the laws of Canada, as applicable therein, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the province of British Columbia. Failure of Akis to enforce any provision of these Terms of Use shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. These Terms of Use constitute the entire and exclusive agreement between you and Akis with respect to the matters contained herein, and govern your use of the Site and its content, materials and information. If any term or provision of these Terms of Use or any application thereof shall be held invalid, illegal or unenforceable, the remainder of these Terms of Use and any other application thereof shall not be affected thereby.

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