Vorwerk Thermomix

Terms of Service

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Terms of Service Terms of Use for the Thermomix® Recipe Platform (Cookidoo®) and the TM App Effective Date: July 8th 2019 <ol> <li> Preamble </li> <li> Use of Cookidoo® </li> <li> Use of the App </li> <li> Usage Right </li> <li> Subscriptions made on Cookidoo® </li> <li> Costs </li> <li> Delivery </li> <li> Cookidoo® Subscription </li> <li> Legally Mandatory Information </li> <li> Disclaimer of Warranty and Limitation of Liability </li> <li> Indemnification </li> <li> Modification of these Terms of Use </li> <li> Governing Law </li> <li> Binding Arbitration </li> <li> No Class Actions </li> <li> Mobile Services </li> <li> Notice and Take-Down Procedures. Copyright Agent </li> <li> User Comments, Feedback and Other Submissions </li> <li> Final Provisions </li> </ol> 1 Preamble These Terms of Use (“Terms of Use”) determine the use of the “Thermomix® Recipe Platform” (“Cookidoo®”), which is provided by Vorwerk, LLC, 3255 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362( “Vorwerk”) available at cookidoo.thermomix.com ( “Website” or “Site”) where users may subscribe to digital recipe files (”Recipe” or “Recipes”), which run or are displayed on specific Thermomix® or mobile devices. Cookidoo® may be accessed via the website or the mobile Vorwerk app “TM App” (“App”). These Terms of Use govern any agreement between Vorwerk and the user (“User”) regarding Cookidoo® and the App (collectively “Paltform”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE PLATFORM AND WHEN ACQUIRING RECIPES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLATFORM OR THE RECIPES AND ARE INSTRUCTED TO EXIT THE APP IMMEDIATELY. Please check here for Vorwerk’s Privacy Policy. Should you have any questions about this Agreement, wish to receive a copy of this Agreement, or wish to contact us for any other reason, please contact us at service@thermomix.us. 2 Use of Cookidoo® 2.1 Use of Cookidoo® is only possible after prior registration. Vorwerk reserves the right to also make certain content available to non-registered users, such as recipe previews. the availability of such content is, however, subject to Vorwerk’s sole discretion. 2.2 With any submission or registration, correct and complete information must be provided. In the event of changes in your user data, your data should be updated, and incorrect user data should be corrected. If you provide any false, inaccurate, untrue, or incomplete information, Vorwerk reserves the right to immediately terminate your access to and use of the Cookidoo® Site, the App or the Recipes and take other measures available under law, by contract, or in equity. 2.3 The User undertakes to keep secret the log-in credentials that he or she uses to access Cookidoo®. Furthermore, the User is in general responsible for any and all activities that occur under its account. 2.4 The User shall notify Vorwerk immediately of any unauthorized use of its account or any other security breaches. 2.5 In accordance with these Terms of Use, the User may subscribe to the Recipes on Cookidoo® for a limited period of time. The respective price for the Recipes will be displayed to the User in advance. 2.6 If Recipes were created for specific Thermomix® devices, such Recipes must only be used with those devices and not with other Thermomix® devices. Vorwerk is not responsible for the use of a Recipe on a Thermomix® model for which it was not created and users do so at their own risk. 2.7 The User shall not:  work around any technical limitations of Cookidoo®, the Recipes or the App;  hack or modify Cookidoo® or the App;  modify the Recipes;  use Cookidoo® or the App for any purpose that is unlawful or prohibited by these Terms of Use or use Cookidoo® in any manner that could damage, disable, overburden or impair the infrastructure behind Cookidoo® and the App. 2.8 Vorwerk reserves the right to discontinue providing the infrastructure behind Cookidoo® and the App, however, not before the termination of a current Recipe subscription. Vorwerk will notify the User about such discontinuation via email to the address provided by the User. In case of such discontinuation, Vorwerk will use reasonable endeavours to make the Recipes available to the User in a format that allows the further use of the Recipes without the App and Cookidoo®. 2.9 Vorwerk reserves the right to restrict access to particular functions or to disable the User’s account if the User violates these Terms of Use, or to protect Vorwerk, Cookidoo®, the App or Vorwerk’s business. 2.10 You represent to Vorwerk that (1) you are at least the legal age of majority. (2) you are authorized to enter into this Agreement. (3) you will not use the Cookidoo® Site, the App or the Recipes for any purpose or in any manner that violates any law or regulation or that infringes the rights of Vorwerk or any third party. (4) any information or data provided to Vorwerk by you will not violate any law or regulation or infringe the rights of Vorwerk or any third party. (5) all information that you provide to us in connection with the Cookidoo® Site, the App or the Recipes (e.g., name, email address, and/or other information requested on a registration or submission form) is complete, true, and accurate. and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a User as specified herein. 2.11 Subject to Vorwerk’s right to monitor or audit compliance, you acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Cookidoo® Site, the App or the Recipes. You agree to assume all responsibility for your use, and the results of your use, of the Cookidoo® Site, the App or the Recipes. 2.12 These Terms of Use will take effect (or re-take effect) at the time you [click “I Accept” or “Confirm Purchase”] respond to a request for or send a request for information or materials, and/or begin downloading installing, accessing, or using Cookidoo® or the App, WHICHEVER IS EARLIEST. These Terms of Use will terminate automatically if you fail to comply with these Terms of Use. You may also terminate these Terms of Use at any time by ceasing to use Cookidoo® or the App and any Recipe, but each re-access or use of Cookidoo® or the App will reapply these Terms of Use (and the terms and conditions then in effect) to you. Vorwerk reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Cookidoo® Site, the App or the Recipes or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Cookidoo® Site, the App or the Recipes, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Cookidoo® Site, the App or the Recipes will reapply this Agreement (then in effect) to you. The provisions concerning Vorwerk's proprietary rights, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, waiver and severability, entire agreement, and governing law will survive the termination of this Agreement for any reason. 2.13 You represent that Vorwerk has the right to rely upon all information provided to Vorwerk by you, and, with the information you provide, Vorwerk may contact you by email, telephone or postal mail for any lawful purpose, which may include (1) follow-up calls, (2) inquiries about any orders you placed, or considered placing, at or through the Cookidoo® Site, the App or the Recipes, and (3) promotional communications (e.g., surveys, newsletters, special offers, or other related product news and information). You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. 3 Use of the App 3.1 The User can obtain the App from a store for mobile apps (“App Store”), which is provided by a third party. In case that the App is not offered for free, the purchase price for the App will be displayed to the User in advance. In case that the User decides to purchase the App, the User must confirm the purchase by using a corresponding function in the App Store. 3.2 Some functions of the App do require an active internet connection of the mobile device, i.e., individual functions cannot be used without an active internet connection. Additional costs may arise in connection with the use of such individual functions of the App over the internet, depending on your mobile contract. 3.3 The use of the App requires a compatible smartphone or any other compatible device. 4 Usage Right 4.1 Vorwerk hereby grants the User a non-exclusive, non-transferrable and non-sub-licensable right to use the Recipes and the App for the purposes permitted under these Terms of Use (“Usage Right”). The User may only download and use the Recipes and the App on devices designated for such download. 4.2 The User is only allowed to reproduce Recipes on the App to the extent that this is necessary for the contractual use. The User may not lease or rent the Recipes or the App to third parties. The Recipes and the App are copyright protected. 4.3 The App and the Recipes may be used by the User for their own non-commercial purposes and only as permitted under these Terms of Use. Any commercial use of these contents is subject to Vorwerk’s prior written consent. Pictures may not be copied, sold or otherwise be reproduced, unless Vorwerk has given its explicit written consent. 4.4 Any unauthorized use, including the reproduction of Recipes or the App or the transfer of Recipes or the App to third parties, is not allowed. 5 Subscriptions made on Cookidoo® 5.1 On Cookidoo®, the User will be able to purchase products (e.g., Recipe Collections) and to subscribe to Recipes (see Cookidoo® Subscription below). 5.2 The main characteristics of the product(s) are listed on the description page of the product. 5.3 The User will place the product(s) or subscription selected in a shopping basket. The content of the shopping basket can be edited at any time. 5.4 By clicking on the button “Confirm Purchase” or “Subscribe now!,” respectively, the User makes a legally binding offer with regard to the purchase of the product or to the Cookidoo® Subscription. The offer is accepted by Vorwerk with the subsequent explicit acceptance via email. The agreement shall have no effect until Vorwerk accepts the offer. 6 Costs 6.1 The User will pay the agreed price to Vorwerk. 6.2 The final price, which is composed of the price indicated on the Website/App, includes any applicable tax and any other price component. 6.3 The payment is due and payable upon User’s acceptance of the agreement. 6.4 The methods of payment available are provided to the User before any order. Vorwerk offers the User to pay by credit or debit card (Master Card or Visa) or by additional payment methods if listed on Cookidoo®. 7 Delivery For intangible products (e.g., digital Recipes), the delivery occurs upon payment by the User. 8 Cookidoo® Subscription 8.1 The User may subscribe to Recipes (“Cookidoo® Subscription”). The User may use the subscribed Recipes during the term of the Cookidoo® Subscription. After the termination of the Cookidoo® Subscription, those Recipes will no longer be available to the User. 8.2 The Cookidoo® Subscription, at the choice of the User, has a minimum term of either 30 days or one year, beginning with its activation, and will automatically renew at the end of this minimum term for the same duration as the minimum term. WHEN YOU REGISTER FOR A COOKIDOO® SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (1) VORWERK (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY OR YEARLY BASIS (DEPENDING ON YOUR CHOICE) FOR YOUR COOKIDOO® SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR COOKIDOO® SUBSCRIPTION CONTINUES, (2) YOUR COOKIDOO® SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. Either party may terminate the Cookidoo® Subscription at any time, with the termination taking effect at the end of the then current Cookidoo® Subscription period. 8.3 YOU MAY CANCEL YOUR COOKIDOO® SUBSCRIPTION AT ANY TIME BY UPDATING YOUR COOKIDOO® PROFILE OR CONTACTING CUSTOMER SERVICE AT SERVICE@THERMOMIX.US OR +1-888-867-9375 (8AM - 6PM PST MONDAY - FRIDAY). ANY ORDER THAT HAS BEEN PROCESSED CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR COOKIDOO® SUBSCRIPTION. 8.4 Both parties’ right of extraordinary termination for cause remains unaffected. 8.5 In the event you cancel your Cookidoo® Subscription, please note that we may still send you promotional communications about Cookidoo® or other Vorwerk products, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. 9 Legally Mandatory Information 9.1 Vorwerk’s offers are not binding. 9.2 By clicking on the button “Confirm Purchase,” the User makes a legally binding offer with regard to the purchase of the product or to the Cookidoo® Subscription. The offer is accepted by Vorwerk with the subsequent explicit acceptance via email. The agreement shall have no effect until Vorwerk accepts the offer. 9.3 The exclusive language available for the interpretation and conclusion of the agreement is English. 9.4 The text of the agreement is not stored by Vorwerk. However, it will be sent to the User together with these Terms of Use via email. 10 Disclaimer of Warranty and Limitation of Liability 10.1 THE COOKIDOO® SITE, THE APP AND THE RECIPES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” VORWERK DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE COOKIDOO® SITE, THE APP OR THE RECIPES OR THE MATERIALS IN TERMS OF AVAILABILITY, ACCURACY CURRENCY, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OUTCOME, OR OTHERWISE. VORWERK DOES NOT REPRESENT OR WARRANTY THAT THE COOKIDOO® SITE, THE APP OR THE RECIPES OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COOKIDOO® SITE, THE APP OR THE RECIPES IS WITH YOU. VORWERK HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VORWERK OR THROUGH THE COOKIDOO® SITE OR THE APP SHALL CREATE ANY WARRANTY OF ANY KIND. 10.2 Vorwerk shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond Vorwerk’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions. IN NO EVENT SHALL VORWERK NOR ANY OF ITS PARENTS, SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USER’S USE OR INABILITY TO USE THE COOKIDOO® SITE, THE APP OR THE RECIPES OR ANY OTHER SITE ACCESSED THROUGH A LINK FROM THIS SITE OR THE APP OR FROM ANY ACTIONS VORWERK TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES SENT BY USER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF VORWERK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, TOTAL LIABLITY OF VORWERK FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, THE APP OR THE RECIPES, RESULTS FROM THE FOREGOING, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO VORWERK FOR ANY PRODUCT OR SERVICE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS. 10.3 VORWERK IS NOT LIABLE TO THE USER FOR ANY DAMAGE OR ALTERATION TO THE USER'S EQUIPMENT INCLUDING BUT NOT LIMITED TO ANY VORWERK APPLIANCE OR ANY COMPUTER EQUIPMENT, HANDHELD DEVICE, OR MOBILE TELEPHONES AS A RESULT OF THE UTILIZATION OF THE APP OR THE RECIPES. 10.4 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. 10.5 All liability of Vorwerk, in particular with regard to any claims of the User for compensation and the reimbursement of any expenditure incurred without effect, shall be based solely upon this clause, regardless of the legal nature of the claim. 10.6 Vorwerk is not liable for any Recipes and other use recommendations if and to the extent that use and safety instructions have not been complied with. 10.7 The limitation of liability also applies respectively in favor of the directors, officers, employees, agents, legal representatives and assistants of Vorwerk. 10.8 Vorwerk and/or the internet page operator or the authors, if different, shall assume no liability for the topicaliy or quality of the information provided, or for its correctness or any errors therein. Claims for liability against the Vorwerk or the operator or the authors which are based upon damage of a material or immaterial type, caused through the use or non-use of the information represented or through the use of incorrect or incomplete information, shall be fundamentally excluded provided it cannot be proved that either Vorwerk or the operator or authors acted with intent and/or were grossly negligent. All offers are without engagement and non-binding. Vorwerk and theoperator and authors expressly reserve the right to modify, supplement or delete sections of the pages or the entire offer without specific notification or to suspend publication temporarily or entirely. 10.9 The Cookidoo® Site and the App may include links to third-party websites, including, without limitation, third party distributors, over which Vorwerk has no control. Vorwerk therefore expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, and the inclusion of a third-party link on Vorwerk’s Website or App does not imply our endorsement of those third party companies or products. If you decide to access any of the third party sites linked to Cookidoo® or the App, you do this entirely at your own risk. 11 Indemnification You agree to release, discharge, defend, indemnify and hold harmless Vorwerk and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Cookidoo® Site, the App or the Recipes (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. 12 Modification of these Terms of Use Vorwerk reserves the right to amend these Terms of Use in its sole discretion, which may include amendments due to the further development of the Cookidoo® Site or the App or because new functionalities will be implemented. The foregoing right excludes provisions that determine the parties’ primary contractual obligations, they will not be changed in the manner described in this section. Vorwerk will notify the User in text or email form about the modified terms before the modifications will enter into force and Vorwerk will inform the User separately about the new provisions, the planned date for the new terms to enter into effect, the User’s termination right, the applicable termination period and the significance of remaining silent, and Vorwerk will then grant an adequate, at least six-week period to the User to terminate the agreements that are based on these Terms of Use if the User does not agree with the modified Terms of Use. where there is a termination of the Cookidoo® Subscription, fees which have already been paid for the remaining term will be reimbursed. If the User does not terminate the agreement within the aforementioned period, the modified terms shall apply upon expiration of the period. The termination by the User must be submitted in writing (email is sufficient). 13 Governing Law This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of California, as applied to agreements entered into and completely performed in the State of California without regard to conflicts of laws rules. In the event, and for whatever reason, should the arbitration clause below be inapplicable, then you as the User consent to the jurisdiction of the federal or state courts located in the State of California for purposes of any suit, action or proceeding arising out of these Terms. In addition, you acknowledge that any breach, threatened or actual, of this Agreement, which constitutes an unauthorized use of Vorwerk proprietary assets or information, will cause irreparable injury to Vorwerk, such injury would not be quantifiable in monetary damages, and Vorwerk would not have an adequate remedy at law. You therefore agree that Vorwerk shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Vorwerk post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Vorwerk to enforce any provision of this Agreement. Any claim you might have against Vorwerk must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact Vorwerk if you wish to receive a printed copy of this Agreement. If any part of this Site or App is contrary to the laws of the jurisdiction from where you are when you access it, the Site/App is therefore not intended for you, and we require that you not use the Site/App. Those who choose to access this Site/App from outside the United States do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 14 Binding Arbitration ANY CLAIM OR DISPUTE RELATING THIS AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with this Agreement, Agreement shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Los Angeles, California. California state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator(s) shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. 15 No Class Actions TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF THE SITE ON A CONSOLIDATED OR CLASSWIDE BASIS. THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU FURTHER UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU MAY ONLY BRING CLAIMS AGAINST VORWERK IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. 16 Mobile Services The Cookidoo® Site, the App or the Recipes may offer certain tools or content that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Cookidoo® Site, the App or the Recipes and its Mobile Services shall be in accordance with this Agreement. 17 Notice and Take-Down Procedures. Copyright Agent If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to Vorwerk by providing the following information: • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent); • Identification or description of where the material that you claim is infringing is located on the Cookidoo® Site, the App or the Recipes, with enough detail that Vorwerk may find it on the Cookidoo® Site, the App or the Recipes; • Your address, telephone number, and email address; • A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law. and • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: legal@thermomix.us 18 User Comments, Feedback and Other Submissions If you send certain specific submissions, namely, recipes, comments, suggestions, feedback, or other materials regarding the Cookidoo® Site, the App or the Recipes or a Vorwerk product or service through the Cookidoo® Site, the App or the Recipes (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such feedback that you forward to us. Vorwerk is not and shall be under no obligation (1) to maintain any feedback in confidence. (2) to pay compensation for any feedback. or (3) to respond to any feedback. By transmitting any feedback to Vorwerk, you further represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third-party (including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary right) and that you have all rights necessary to convey such feedback to Vorwerk. In addition, any feedback received by Vorwerk will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right and license for Vorwerk to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary. 19 Final Provisions 19.1 If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be severed from these Terms of Use, and the parties will replace the invalid provision with a valid provision which comes closest to the economic purpose of the invalid provision. The remaining provisions of these Terms of Use shall not be affected, and these Terms of Use shall otherwise continue in full force and effect in accordance with its terms and conditions.In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. 19.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. 19.3 Vorwerk‘s failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. 19.4 Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, Vorwerk may assign this Agreement in whole or in part. Moreover, Vorwerk may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. 19.5 Actual or attempted unauthorized use of the Cookidoo® Site, the App or the Recipes may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Vorwerk for use of or with the Cookidoo® Site, the App or the Recipes. 19.6 Vorwerk reserves the right to view, monitor, and record activity on its website, Cookidoo®, or the App (in accordance with applicable law) without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through Cookidoo® or the App. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on Cookidoo® or the App as well as to disclosures required by or under applicable law or related government agency actions. Vorwerk will also comply with all court orders or subpoenas involving requests for such information. You have no reasonable expectation of privacy with respect to these activities.