In case you download, upload, copy or otherwise use the Cook with REDMOND application or any part of it, then you acknowledge that you have read, understood, agree and accept the present User Agreement, agree to comply with it and be responsible for its violation. The conditions specified in this User Agreement and Key Documents (clause 2.1 below) are considered as essential and mandatory.
This User Agreement (hereinafter referred to as the “Agreement”) governs the relationship between REDMOND Ltd (hereinafter referred to as the “Copyright Holder”) and you, the End User of the applications, websites, and other resources (hereinafter referred to as the “User”), individually referred to as the “Party”, and collectively referred to as the “Parties”.
This Agreement applies to all resources used in the Cook with REDMOND application, except those, in respect of which separate legal documents are established.
1. Terms of the Agreement
1.1. Application means the Cook with REDMOND application which is a computer program and includes related resources, as well as appropriate additions and updates (patches).
1.2. Resources mean software, applications, websites, databases and other resources, including, but not limited to, design elements, text, graphics, illustrations, videos, music, sounds, other objects, and their collections.
1.3. Application elements mean a set of objects, things, elements used in the Application, access to which is provided to the User in the process of using the Application free of charge, unless otherwise initially established. The elements of the application do not include additional capabilities, access to which is regulated separately.
1.4. Client part of the Application means the software necessary for the use of the Application by the User and to be installed on the technical device of the User.
1.5. User means an individual with the necessary legal capacity to enter into and perform this Agreement.
1.6. Shop means resources of the Copyright Holder located on the following links:
Conditions of the Agreement
The User also undertakes to accept and comply with all the rules of the third-party platforms applicable to the particular Application, in particular, the Windows Store Service Rules, the Apple Appstore Rules, as well as the Google Play Market Rules. The violation of the above rules is equivalent to the violation of provisions specified in the Key Documents.
2.2. Time of the Agreement conclusion. This Agreement is concluded when the User accepts the conditions specified in the Agreement and the Key Documents. The actual use of the Application by the User also means the acceptance of the conditions of the Agreement conditions and the Key Documents and is equal to the conclusion of this Agreement. The User assumes the obligation to comply with the conditions of the Agreement and the Key Documents as of the date of execution of the Agreement.
2. Subject of the Agreement
3.1. Access to the Application. In accordance with this Agreement the Copyright Holder grants to the User the right to use the Application’s resources to the extent by ways for the term and within the territory specified in the Agreement, provided that the User observes the conditions of the Agreement and the Key Documents.
3.2. Application usage order. The User has the right to utilize the resources of the Application within the basic functionality and the period of free use on a gratuitous basis and if initially no fee is established for their purchase and use.
3.3. Copyright Holder’s role. Operation and maintenance of the Application resources as well as the provision to the User of the rights to use the resources of the Application is performed exclusively by the Copyright Holder.
3.4. Territory. At his own discretion, the Copyright Holder has the right to determine the territory on which the Application resources are operated and accessed.
3. Application and Application Resources
4.1. User rights. The User has the right to utilize the resources of the Application within the limits allowed by the Copyright Holder, including
4.1.1. Reproduce the Application by installing it on a personal computer (smartphone, tablet, TV box, and clock) or any other device that has the necessary technical characteristics, or in any other acceptable way.
4.1.2. Use the Application with mandatory observance of the conditions specified in the Key Documents, for which the User is entitled to:
(a) use the basic functional software capabilities of the Application and/or its elements on a gratuitous basis, if initially the payment is not established for the purchase and use of the Application within the period of gratuitous use, if applicable, and
(b) perform other actions authorized by the Copyright Holder.
4.2. Technical conditions of the Application usage. To utilize the Application, the User needs to independently install the Client part of the Application on a device having the necessary technical characteristics depending on the technical features of the Application. The Client part of the Application may be distributed by the Copyright Holder and/or its authorized persons. The Basic Client part of the Application is provided to the User on a gratuitous basis, except for certain elements and resources that are initially offered for a fee.
In accordance with the established technical requirements the User’s usage of certain resources and elements of the Application is possible exclusively in an interactive (online) mode, and therefore the User needs to provide an Internet connection.
In some cases, particularly on iOS and Android platforms, the User may authorize through a third party system if this is expressly permitted in the Application.
4.3. Limitations. The User is not entitled to:
4.3.1. Distribute the Application, its elements, resources and/or their copies thereof for commercial or non-commercial purposes, either by distribution on material media or by posting on the Internet for access or download by certain persons or an unlimited number of persons.
4.3.2. Translate the Application, its elements, resources and/or their copies thereof into other languages without the consent of the Copyright Holder.
4.3.3. Distribute, for commercial or non-commercial purposes, audio-visual elements, images, as well as other intellectual property objects present in the Application (except when permitted by the Copyright Holder).
4.3.4. Distribute, for commercial or non-commercial purposes, the elements of the Application.
4.3.5. Transfer rights regarding the Application resources for commercial or non-commercial purposes to third parties including by entering into a contract or otherwise.
4.3.6. Use automated scripts for information collection or for another kind of interaction with the Application resources.
4.3.7. Use the contact information of other Users to send unsolicited information (spam).
4.3.8. Post on the Application resources the objects of intellectual property without the consent of their copyright holders.
4.3.9. Post personal information of third parties on the Application resources without their consent, including home addresses, phones and passport data.
4.3.10. Post advertisements, commercial offers, promotional and any other intrusive information on the Application’s resources, except for cases, authorized by the Copyright Holder.
4.3.11. Post on the Application resources materials that offend or humiliate the honor and dignity of other Users or third parties, as well as links to such materials.
4.3.12. Post and in other ways use on the Application resources swear, abusive and offensive words and phrases, including using them in the User name (and the so-called “nickname”).
4.3.13. Post malicious programs or links to resources that contain or may contain such programs.
4.3.14. Post on the resources of the Application materials of pornographic or erotic nature, as well as links to them.
4.3.15. Post on the Application resources threats as well as calls for violence and other unlawful acts.
4.3.16. Post on the resources of the Application materials with elements of violence, cruelty, racial, ethnic or inter-religious strife, as well as links to such materials.
4.3.17. Promote and demonstrate on the Application resources the Nazi, extremist or other equated attributes, symbols and other objects.
4.3.18. Promote on the Application resources criminal and other illegal activities, as well as to post manuals on the commission of unlawful acts.
4.3.19. Post on the resources of the Application any other information that, in the opinion of the Copyright Holder, violates the law, morality and ethics or is undesirable.
4.3.20. Commit criminal and other illegal actions.
4.3.21. Use the resources of the Application in ways not provided for in this Agreement and beyond the normal process of use.
5. Copyright Holder’s Obligations
5.1. The Copyright Holder undertakes to:
5.1.1. Provide the User with the opportunity to participate (install) in the Application and use the resources of the Application on the conditions, set forth in this Agreement, provided that the User observes the Agreement and the Key Documents.
5.1.2. Provide the User with the opportunity to receive (download) the Client part of the Application.
5.1.3. Notify the User of changes in the conditions of this Agreement in accordance with the clause 12.2.
6. Copyright Holder’s Rights
6.1. The Copyright Holder has the right to:
6.1.1. At any time, unilaterally restrict, expand, supplement, modify and otherwise change the resources of the Application, including any elements and parts, without prior notice to the User, including by changing the Key documents.
Modification of the Application resources and their elements can be performed through updates by standard means or by creating and installing new parts of the software (patches). Their goal may be, for instance, improving or changing the process of using the Application or adding new features to the Application, which may lead to the removal or suspension of access to certain elements of the Application.
The User understands and hereby acknowledges that these actions are an integral part of the process of creating and operating the Application and the operation of the Application resources, as well as consents to the performance of such actions by the Copyright Holder without prior notice to the User.
6.1.2. Manage the resources and processes of the Application, the technical and other characteristics of its elements exclusively at his own discretion; suspend or modify the process of using the Application without prior notice to the User.
6.1.3. At any time, modify or delete any information posted by the User in the Application, including statements and announcements of the User in chats or in the forum.
6.1.4. In accordance with this Agreement limit or terminate the User’s access to the resources of the Application, in particular if the User violates the conditions of the Agreement or the Key Documents. When this right is exercised, the Copyright Holder is not obliged to provide the User or other persons with evidence that the User violates the conditions of the Agreement, as a result of which the access will be terminated or restricted to the User.
6.1.5. Comment, warn, notify, inform the Users about non-compliance with the conditions of the Agreement or the Key Documents. The User is obliged to immediately follow the instructions of the Copyright Holder, received during the use of the Application and its resources.
6.1.6. At any time, completely discontinue the provision of access to the Application subject to the provisions of this Agreement.
7. Copyright Holder’s Rights
7.1. Legal capacity. The User hereby confirms that he/she has sufficient legal capacity to enter into this Agreement. If the User is under legal age (18 years) or is completely or partially incapable under the law, the User confirms that he/she has received permission from his/her parents or legal representatives to conclude this Agreement in the form prescribed by the law.
7.2. Absence of medical contraindications. The User agrees that the Application, its resources and/or its elements may contain sound and video effects that, in certain circumstances, may cause an aggravation of epileptic and other neurological disorders in persons prone to them, and confirms that he does not suffer from these disorders, and otherwise he shall not use the Application.
7.3. Reasonable use of the Application. The User understands and agrees that a regular long-term sitting at a computer or other technical device (including but not limited to a phone, tablet, clock, TV top box) which is the source of electromagnetic waves may cause various health disorders, as well as possible incompatibility with pacemakers, hearing aids and other similar equipment. The user guarantees that he will use the Application exclusively for a reasonable period of time with breaks for rest and prevention of health disorders.
7.4. Use of third-party materials. The application and its resources may contain links to websites, programs, photo, video, audio, graphic and text materials owned by third parties. The User understands and hereby agrees that placing links to websites or materials of third parties in the Application does not mean that the Copyright Holder supports, approves or recommends the websites or materials mentioned. The User can use third-party sites, software and materials entirely at his own risk, including during the use of the Application.
7.5. Statutory limitations. The User is not entitled to use the Application if the legislation of the territory of its location prohibits participation in such kind of Applications or imposes other, including age, restrictions on the use of such Applications. In this case, the User is liable for the use of the Application.
7.6. User materials. The User understands and agrees that he is solely responsible for any materials or other information that he posts in the Application or otherwise reports to other users or brings to public knowledge.
8. Limitation of the Copyright Holder’s Liability
8.1. Disclaimer of liability for the User or third-party actions. The Copyright Holder is not liable for:
8.1.1. Illegal and other actions of the User or third parties preventing the use of the Application by other users.
8.1.2. The behavior and statements of the User in the Application or on its resources, including disrespectful attitude to other users.
8.1.3. The User’s loss of access to the Client part of the Application.
8.1.4. The User’s lack of access to the Internet and the quality of Internet service providers.
8.1.5. Third-party materials posted in the Application or on third-party websites accessible via links from the Application.
8.1.6. Illegal and other actions of the User or third parties involving the use of the Application and / or appliances controlled through it if such actions result in violation of the rights and legitimate interests of third parties.
8.2. Lack of warranties. The User understands and agrees that the Copyright Holder provides the Application on an “as is” basis and does not provide warranties with respect to the Application, except as expressly provided in this Agreement or applicable law. The Copyright Holder does not guarantee that:
8.2.1. The Application will meet the subjective requirements and expectations of the User.
8.2.2. The processes in the Application will proceed continuously, quickly, reliably, without technical failures and errors.
8.2.3. The results which can be obtained using the Application will be error-free and correct.
8.2.4. The quality of the Application, as well as the information obtained during its use will meet the User’s expectations.
8.2.5. The Application will be available for use 24 hours a day, at a certain time or for a certain period.
8.3. Limitation of liability. The Copyright Holder is not liable for direct or indirect damage, as well as the lost profit of the User or third parties as a result of:
8.3.1. The use or inability to use the Application.
8.3.2. Statements or behavior of third parties in the Application and/or on its resources.
8.4. Force majeure and actions of third parties. The Parties are exempted from liability for full or partial non-compliance with the obligations under this Agreement if such failure is a result of force majeure, including riots, prohibitive acts of authorities, natural disasters, fires, accidents, telecommunication and electrical network failures, malware actions as well as fraudulent actions of third parties aimed at obtaining unauthorized access or disabling the software or hardware complex.
9. User Obligations
9.1. The User is obliged:
9.1.1. To observe the conditions of this Agreement and the Key Documents. In case of disagreement of the User with the current Agreement the User is obliged to stop using the Application, including uninstalling its Client part.
9.1.2. Not to violate the rights of the Copyright Holder with respect to the Application. This includes the fact that the User is not allowed to copy, broadcast, send out, publish and otherwise distribute and reproduce text, graphic, audio or video materials as part of the Application without the written consent of the Copyright Holder.
9.1.3. To take independent measures to ensure the security of the Application and to prevent its unauthorized use by third parties. The User undertakes not to disclose or transfer to third parties his identification data with the help of which the authorization (authentication) of the User is possible. In exceptional cases, the User has the right to provide such data to the User Support Centre of the Copyright Holder to find out the reasons of the problems, check (test) the operation of the Application or fix the shortcomings in its operation.
9.1.4. To follow the instructions of the Copyright Holder received individually or generally in the Application, the User Support Centre and by other means. The Copyright Holder has the right to suspend, restrict or terminate the User’s access to the Application in case of non-compliance with such instructions.
9.1.6. To provide or confirm information necessary to fulfil the conditions of the Agreement and comply with the law at the request of the Copyright Holder.
9.1.7. Not to examine the program code, decompile, disassemble, modify the Application or create derivative works based on the Application, its resources or parts thereof except with the written consent of the Copyright Holder.
9.1.8. To reimburse the Copyright Holder, other users and other third parties any losses incurred in connection with the User’s actions, including violation of this Agreement, intellectual property rights and other rights.
9.1.9. To immediately inform the Copyright Holder about any facts of unauthorized use of the Application, hacking and committing other similar actions.
9.1.10. To observe other requirements and obligations provided in this Agreement and the Key Documents.
9.2. Beta-testing. If the User participates in beta testing of the Application, the User acquires the status of a beta tester. Beta testing is conducted solely for the purpose of evaluating the capabilities of the Application and detecting errors. At the same time, during the beta testing, the User is not granted the rights and benefits specified in the Agreement. The Copyright Holder is not responsible for events occurring during the beta testing process. The User acknowledges and understands that he is participating in beta testing at his own risk and that the Application may contain errors. Any items in the Application may be removed at any time or after the end of the beta testing, except as specified in the open beta. The Copyright Holder is not responsible for ensuring continuous access to the Application. Any information received by the User during the beta testing is confidential and is not subject to disclosure. To take part in the beta testing you need to go through the authorization process and participate personally. The access to the beta testing may be terminated or restricted at any time for non-compliance with the provisions of the User Agreement, Key Documents and other rules of the Copyright Holder Limitations.
10. Intellectual Property Rights
10.1. Exclusive right in respect of the Application resources. The exclusive right of the source and object code, user interface, graphic images, photos, animations, video images, video clips, sound recordings, sound effects, music, text content and content of the Application, as well as any other elements of the Application and its resources which contain intellectual property objects, belongs to their rightful owners.
The User agrees that any element of the Application is an integral part of the Application as a computer program and is protected by law. Although the User is granted access to the Application and its resources the implementation of the process of the Application use cannot be regarded as the transfer or assignment of an exclusive right in respect of the Application, its resources and their parts from the Copyright Holder to the User.
The User also understands and agrees that all exclusive rights to a localized (translated into the appropriate language) version of the Application belong to the rightful copyright holders.
10.2. Exclusive right of the User. The copyrights to materials, patents, secrets of know-how, posted on the resources of the Application by the User, belong to the User who designed them or other legal owners (hereinafter referred to as the “Materials”).
10.3. License for the Materials. The rights to perpetual gratuitous use of the Materials that are objects of intellectual property shall be transferred to the Copyright Holder in the form of a non-exclusive license in the territory of all countries of the world from the moment of posting (publication) by the User of these Materials on the resources of the Application without a counter obligation to pay copyright or other remuneration and without limitation on the term, methods and territory of use. The rights to use the Materials under this paragraph include the right to use them in any way and in any country of the world, including publish, distribute, modify, adapt, otherwise process, publish, create derivative works without obligation to mention the name of the author or other counter-obligations. The User undertakes to provide legal grounds for granting the intellectual property rights to the Copyright Holder also for the Materials placed by the User on the Application resources and owned by other copyright holders. The User guarantees that he / she has obtained all the necessary rights, consents and authorities to post the materials at the respective Copyright Holders (if the User is not a Copyright Holder).
10.3.1. In case of claims, demands, orders, resolutions of the state authorities and other third parties against the Copyright Holder regarding the posting of materials (including recipes) that violate the rights of third parties, the User undertakes to settle such claims, demands, etc. independently and at his own expense, as well as to compensate the Copyright Holder for possible property losses and other documented losses incurred by the Copyright Holder in full scope.
10.3.2. In case if the Copyright Holder settles such claims, demands, etc. independently and at its own expense, the User undertakes to reimburse the Copyright Holder for the documented costs associated with the settlement of claims, demands, etc., within five (5) working days from the date of receipt of the written request.
10.4. Restrictions. It is strictly forbidden to use any intellectual property objects or their parts placed on the resources of the Application without the prior written permission of the Copyright Holder, except for the cases specified in this Agreement.
11. Validity, Modification and Termination of the Agreement
11.1. Validity of the Agreement. This Agreement shall enter into force upon the acceptance of its conditions by the User and shall remain in effect for a period of twelve (12) months. The validity of this Agreement is automatically extended for the next six (6) months if it was not terminated at the initiative of one of the Parties by sending a written notice to the other Party at least thirty (30) calendar days prior to the expiration of the Agreement. In the event of termination of the Agreement in the specified order the Copyright Holder shall not refund any monetary funds and shall not make any other refunds, including damages of any kind.
11.2. Modification of the Agreement. This Agreement may be modified unilaterally by the Copyright Holder. A notice of an amendment to the Agreement is published on the website of the Application and/or sent to the User for review through notification of the User in the Application at least ten (10) calendar days prior to the changes enter into force.
The use of the Application or the authorization in the Application after the publication of the advertisement and/or notification of amending the Agreement in the order indicated above means the User's consent to such changes. If the User has not got acquainted with the amendments to the Agreement, he is not exempted from the obligations provided for in this Agreement, taking into account the amendments made to it.
11.3. The User’s disagreement with the amendments to the Agreement. The User is not entitled to use the Application if he does not agree with the modifications made to the Agreement.
In this case, the User has the right to terminate the Agreement unilaterally within ten (10) calendar days after posting of the publication about modifications in the Agreement on the website of the Application and/or sending notification by e-mail or via the Application. In the event of a decision to terminate the Agreement the User is obliged to send a termination notice by e-mail to the Copyright Holder. If the User has not expressed a desire to terminate this Agreement within ten (10) calendar days during the above-mentioned period, the User is deemed to have accepted the conditions of this Agreement taking into account the modifications introduced therein.
11.4. Termination of the Agreement on the initiative of the Copyright Holder. The Copyright Holder has the right to terminate this Agreement at any time unilaterally out of court with the termination of access and the ability to use the Application, its resources and Additional features in the following cases:
11.4.1. In case of the Application closure the Copyright Holder shall not pay any compensation.
11.4.2. In case of even one-time violation of any kind by the User of the conditions of this Agreement or the Key Documents the Copyright Holder shall not reimburse the User and shall not pay for losses.
11.5. Termination of the Agreement on the User initiative. The User has the right to terminate this Agreement unilaterally out of court without notice to the Copyright Holder and without explanation of any reason at any time by deleting the Application while maintaining the commitments and liabilities of the User that occurred prior to the deletion of the Application. In this case, all the elements will be deleted without the right to restore within one hundred and eighty (180) calendar days from the date of the deletion of the Application. The Copyright Holder is not obligated to pay any compensation to the User. Any content created or posted by the User on the Application resources is saved.
11.6. Changes of the Key Documents. The User confirms that the Copyright Holder has the unconditional right to unilaterally change the conditions of the Key documents and that such changes are not the changes to this Agreement.
12. User’s Personal Data
12.1. The User hereby consents to the Copyright Holder and/or authorized persons to process his personal data with and without the use of automation means. The list of personal data which the User agrees to process includes: full name; gender, age, height, weight and other anthropometric indicators; date and place of birth; passport data; location determined using the services, including the city, street and house number; phone number (home, mobile); data of the academic certificates, qualifications, professional training, information on further training; marital status, information on the family composition; income information; information about any personal qualities that are evaluated; login and password of the Application; the list of appliances that the user owns; setting of appliances; statistical data on the use of the appliances; the operation start date; location-based data; the date of service maintenance of appliances owned by the user. This consent is valid from the day it was signed prior to the date of withdrawal in writing, or before the expiration of the period specified in clause 12.5 whichever occurs first.
12.2. The User is hereby notified that his Personal Data can be transferred by the Copyright Holder at the request of authorized state bodies. In all other cases, the Copyright Holder will make every effort to maintain confidentiality of the personal data provided by the User.
13. Final Provisions
13.1. Invalidity. If one or more of the provisions of this Agreement will be invalidated in accordance with the established procedure and with the judicial decision entered into force the remaining provisions of this Agreement shall remain in force and the Parties shall continue to fulfil their obligations in the manner most consistent with the intentions of the Parties at the time of the conclusion or modification of this Agreement.
13.2. Dispute resolution. All disputes of the Parties with respect to this Agreement shall be resolved through correspondence and negotiations using a mandatory pre-court (claim) procedure. If the Parties are unable to reach an agreement by negotiation within thirty (30) calendar days from the receipt of a written claim by the other Party, the dispute may be referred by any interested party to the court at the place of registration of the Copyright Holder (except for the jurisdiction of the case to any other courts) according to the procedural and substantive law of the state of registration of the Copyright Holder without reference to its conflict of laws principles.
Last Updated March 1, 2019