Agreement for publication and use of DrCook services. Terms and Conditions

1. General Terms and Conditions

1. Acceptance of the Agreement

2. Term and termination of the agreement

3. Requirements for the creation of an account

4. Copyrights and exploitation rights of the work

6. Compensations



**Worldwide image rights grant

Welcome to DrCook and thank you for using this service.

A service designed to allow cooks and creators to publish content such as recipes, cookbooks, cooking courses and other related material for marketing and distribution in different countries, and people from different parts of the world to purchase any of these publications, sign up to register for cooking courses and ultimately discover a new way to enjoy the world of gastronomy.

The present terms and conditions agreement ( "THE AGREEMENT") sets forth establish the obligations and rights and the contractual relations between DrCook Knowledge Company S.L. ("DRCOOK") and thethe users, participants, institutions, companies ( "USERS" ("USERS") ) who register, access, make purchases and contract any of the services of DRCOOK, who publish their content ( " CREATORS") or who are simply browsing this website.

Through this website, ("PLATFORM"), USERS and CREATORS will be able to enjoy the different functionalities, contents, enabled purchase processes, available resources, as well as any other functionality of this website (" SERVICE")"SERVICE" ("SERVICE")) within the framework of the conditions established in this AGREEMENT.

Please note that DRCOOK MAY MODIFY OR CHANGE these terms and conditions at any time THESE TERMS AND CONDITIONS AT ANY TIME upon the posting of an updated version of this AGREEMENT. You should regularly review this AGREEMENT, as your continued use of the PLATFORM following such changes constitutes your acceptance of such changes.

1. General Information and Contact

In accordance with Law 34/2002 of Services of the Information Society and Electronic Commerce, we inform you that THE SERVICE of this website is provided by:

Universal Cookbook S.L.with CIF ... and domiciled in , Bizkaia and registered in the Commercial Register of Bizakia ....

Contact: info@drcook.app

2. Definitions

PUBLICATIONS: These are the recipes, cookbooks, culinary techniques, or in-person cooking courses published by the CREATORS on the PLATFORM, and stored on the DRCOOK servers. USERS can purchase these publications, or sign up for on-site cooking courses.

PUBLICATIONS

USER CONTENT

TERMS OF USE

UPDATES

PARTICIÀNTES: Refers to any person or entity that uses the PLATFORM, including in this field CREATORS and USERS.

ADVERTISERS

YOU

ACCOUNT

REGISTRATION DATA (Try to give it another name)

COOKING RECIPES

COOKBOOKS

COOKING TECHNIQUES

COOKING COURSES

PUBLICATION PRICES



3. Acceptance of the Agreement.

You accept THE AGREEMENT, as well as the Privacy Policy and other legal notices published by DRCOOK on the PLATFORM and agree to be bound by its terms by choosing to either (a) click "I agree" when offered the option to do so, or (b) by continuing to browse this web site or by using the various features of THE SERVICE.

If you do not accept the terms included in this agreement, you are not authorized to use THE SERVICE.

If THE CREATOR is a legal entity, the person accepting THE AGREEMENT on behalf of THE CREATOR warrants that he/she is qualified to enter into THE AGREEMENT as an authorized representative of THE CREATOR and to bind THE CREATOR under the terms of THE AGREEMENT.

4. Validity and termination of the Agreement

This AGREEMENT shall become effective upon acceptance by CREATOR and shall remain in effect until CREATOR or DRCOOK elects to terminate it.

DRCOOK reserves the right to terminate this AGREEMENT and to terminate your SERVICE account at any time, in which case DRCOOK will not owe you any compensation for termination of the AGREEMENT.

You have the right to unilaterally terminate the AGREEMENT at any time by sending the appropriate notice, in which case the content you have created will no longer be published. In that case, your request will be dealt with within a period not exceeding thirty days.

In the event that the CREATOR requests the removal of publications such as recipes or cookbooks that he/she has uploaded, the balance generated by such publications since the date on which they were published will be automatically eliminated. Likewise, DRCOOK reserves the right to claim from THE CREATOR compensation for the unilateral removal of content from any of its web platforms or applications for the costs of storage, translation, publication, dissemination, and marketing of such content that have been carried out in order to offer THE SERVICE. See point... Compensations

The content will continue to be available in the accounts of those USERS who have purchased it at a date prior to the removal of the content.

5. Description of the SERVICE

DRCOOK allows CREATORS from different countries of the world to publish their recipes, cookbooks, cooking techniques, which USERS from different countries of the world can purchase in order to have access to the full content of those recipes.

DRCOOK will translate, when deemed appropriate, any of the publications made by the CREATOR into different languages in order to facilitate access to USERS from other countries.

USERS may purchase, save and store purchased PUBLICATIONS, separate cookbooks into individual recipes and group them together with other purchased recipes to organize their own personalized cookbooks.

The CREATORS may also publish on-site cooking courses, and USERS may register for each of these courses by paying the amount indicated by the CREATOR for each cooking course.

The CREATOR sets the price of the PUBLICATIONS that he/she publishes and that the USERS can purchase.

Although DRCOOK may provide information on pricing, shipping, advertising and other assistance on the site, such assistance is for informational purposes only (without any warranty as to accuracy)

CREATORS are persons or entities outside of DRCOOK. They are not partners, representatives, agents or franchisees of DRCOOK. DRCOOK has no control over the PUBLICATIONS and the USER acknowledges that the USER makes use of the SERVICES. PUT A SENTENCE ABOUT RESPONSIBILITIES OF THE CLASSROOM COURSES

6. Creating an account

In order to make PUBLICATIONS as a CREATOR or as a USER of the platform, you must create an account ("Account") in DRCOOK. You must be at least 18 years old and you must be able to enter into legally binding contracts. If you are registering on DRCOOK on behalf of an entity, you declare that you have the power to legally bind that entity

Likewise, we inform both USERS and CREATORS, who accept, that the use of the PLATFORM and its SERVICES necessarily involves the processing of certain personal data. The introduction of personal data in the PLATFORM will require the prior acceptance of the Privacy Policy.

**Put here what information is going to be requested, to register as a user, and to register as a creator.

6.1 Accuracy of the information. You must ensure that all information you provide when carrying out the registration process in DRCOOK, are accurate and true at the time of providing them and you must keep them updated during the time you use the DRCOOK SERVICES.

6.2 Account Security. You shall be solely responsible for safeguarding and maintaining the confidentiality of your account username and password and for all activities that occur under your account, whether or not authorized by you. You will not allow any third party to use the PLATFORM through your account and you will not use any third party's account. You agree to notify DRCOOK of any unauthorized use of your username, password or account.

The USER and/or CREATOR agrees to maintain accurate and truthful current REGISTRATION DATA and agrees not to create an Account or use the PLATFORM if DRCOOK has previously deleted it, or if it has been previously banned from the PLATFORM.

The USER and/or CREATOR shall be responsible for keeping the security mechanisms (username and password) secret.

The USER and/or CREATOR agrees that he/she will monitor his/her Account to restrict use by minors, and accepts full responsibility for any unauthorized use of the Platform by minors.

The USER and/or CREATOR agrees not to use or run any automated system, including as listed but not limited to, "robots", "web spiders" or readers outside of web browsers when accessing the PLATFORM.

The USER and/or CREATOR agrees to respect the rights of third parties and DRCOOK on the PLATFORM and on the PUBLICATIONS.

DRCOOK reserves the right to temporarily or permanently suspend accounts with incomplete or inaccurate information.

The use of the DRCOOK Services is subject to registration in THE SERVICE by the USER. Therefore, the USER shall be responsible for keeping the security mechanisms (username and password) secret.

A minimum of 18 years of age is required to be able to register on the PLATFORM and to be able to use the SERVICES, with a minimum age of 18 years use the SERVICES, in order to hire the services of DRCOOK

7. Description and use of the platform

Subject to your compliance with these Terms set forth in this agreement, as well as payment of the applicable fee, if any, DRCOOK or its content providers, in this case the CREATORS, grants you a non-exclusive, non-transferable, non-sublicensable license to access and use, for personal, non-commercial purposes. Such license does not include any right of resale or commercial use of the SERVICE or its contents. Nor does it include the right to make any derivative use of the publications or their contents, or to download or copy information from any account for the benefit of another company, or the use of search and data mining tools or robots or the like.

It is therefore not reproduce, duplicate, copy, sell, resell or otherwise exploit the DRCOOK Services or any portion thereof for any commercial purpose, in each case, without our prior written consent

Please make proper use of the PLATFORM as well as the SERVICES provided by DRCOOK. You are only permitted to use the DRCOOK Services in a lawful manner. Any breach by you of this AGREEMENT or any of its terms and conditions will result in the termination of your DRCOOK account.

**Describe how it works, the functionalities, my resources..

In the option to publish (2) COOKBOOKS, the creator must include a minimum of three recipes.

The USER will have the right to separate the recipes individually when they have acquired them in COOKBOOK format and reorder or group them to form their personal cookbooks using the different functionalities of the PLATFORM enabled for this purpose.

8. Limitations to the use of the PLATFORM and the SERVICE

DRCOOK offers the USER and the CREATOR a limited non-exclusive license to use the PLATFORM and the SERVICE.

The rights granted to you under this AGREEMENT to use the PLATFORM and the SERVICE under this AGREEMENT are subject to the following restrictions:

  • Posting content for which you do not have the appropriate copyright for publication, or which was not created by the CREATOR.

  • Using the identity of a third party, whether that of another USER, CREATOR or a person outside the SERVICE.

  • Create several accounts or profiles for the same country or for different countries where the PLATFORM provides its SERVICE.

  • Conduct within the PLATFORM any activity that infringes any copyright, trademark, patent, right of privacy or publicity or any other intellectual property right of any other person or entity.

  • Reuse outside the PLATFORM the PUBLICATIONS acquired, transmit them to third parties, resell them, publish them on other websites or platforms or host them on other servers. That is to say, it is therefore not reproduce, duplicate, copy, sell, resell or otherwise exploit the DRCOOK Services or any part thereof for any commercial purpose, in each case, without our prior written consent.

  • Introduce information in the PUBLICATIONS such as trademarks, logos, advertising or the like without DRCOOK's prior written consent.

  • Use the PLATFORM to publish content that may be illegal and / or threatening, as well as for sending spam and / or advertising

  • To send through the PLATFORM or making use of any of its SERVICES programs or computer viruses or that may cause damage to the platform, DRCOOK's servers or the computer equipment of other USERS or CREATORS of the website

  • profile: Any Content posted by you on your profile may not contain nudity, violence, sexually explicit or offensive content as determined by Foody in our sole discretion. You may not post or submit for printing services a photograph of another person without that person's permission.





9. Updates and Modifications to the PLATFORM

DRCOOK reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice. We will not be liable for any changes to the Platform or any suspension or termination of your access to or use of the Platform.

DRCOOK may make updates, changes or improvements to the Platform in order to enhance the user experience and improve the SERVICES offered and such updates may be made without prior notice or request for your consent. Based on this agreement, you accept these updates on the PLATFORM or on its SERVICES. If you do not agree, you may terminate your account. Your continued use of the PLATFORM constitutes your acceptance of this AGREEMENT with respect to the PLATFORM and all updates to the PLATFORM.

10. Publication of USER Content

USER grants a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit or otherwise exploit such USER CONTENT throughout the world, in all media now known or later developed, for all purposes that enable the provision of the SERVICE as well as the performance of the various functions of THE PLATFORM.

When transmitting, uploading, publishing, e-mailing, sharing, distributing, reproducing or otherwise making suggestions, ideas, questions, providing comments, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials on the PLATFORM in any form the USER is solely responsible for such USER Content.

USER agrees that DRCOOK has no responsibility to review or evaluate USER CONTENT nor is there any obligation or liability for such USER CONTENT. DRCOOK does not endorse or control USER CONTENT transmitted or posted on the PLATFORM and therefore does not guarantee the accuracy, integrity or quality of such USER CONTENT. USER understands that by using THE PLATFORM, USER CONTENT may be offensive, indecent or objectionable to you. We shall not be liable under any circumstances for any USER CONTENT, including, without limitation, any errors or omissions in any USER CONTENT, or for any loss or damage of any kind incurred by you as a result of the use of any USER CONTENT that is transmitted, uploaded, posted, posted, mailed or otherwise made available through the PLATFORM. You hereby waive all rights to bring claims against DRCOOK for any alleged or actual infringement of intellectual property rights, rights of privacy and publicity, moral rights and rights of attribution relating to the USER CONTENT.

USER acknowledges that we have the right (but not the obligation) in our sole discretion, to remove or refuse to post any of the following USER CONTENT and we reserve the right to change, summarize or delete any User Content USER CONTENT. Without limiting the generality of the foregoing or any other provision of this AGREEMENT, we have the right to remove any User Content USER CONTENT that violates this AGREEMENT or is otherwise deemed objectionable, and we reserve the right to refuse service and/or terminate accounts without notice to any user who violates the terms and conditions set forth in this AGREEMENT or who infringes the rights of others.



11. Publication of content for CREATORS

CREATOR acknowledges that it is responsible for all information it publishes on the PLATFORM. This means that the CREATOR and not DRCOOK is fully and exclusively responsible for all content it publishes, including text, photographs, links and any other information it adds to any of its PUBLICATIONS.

The CREATOR acknowledges that DRCOOK has no obligation to market, distribute, translate or offer for sale any of its publications, or to continue to market and distribute a publication once we have begun to do so.

DRCOOK is not responsible for and does not control CREATORS' publications. DRCOOK has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to the CREATOR's PUBLICATIONS.

DRCOOK may in its sole discretion decide marketing and promotions related to sales through the platform, without limitation, such as marketing and promoting its publications by making portions of the publications available to prospective customers free of charge, DRCOOK shall not owe CREATOR any fees for promotional or marketing activities.

11.1 Type of Content: The CREATOR may publish (1 ) cooking recipes specifying that which will be requested during the publication process such as ingredients, steps for the preparation, and a third section called "The cook's trick" where he/she may expose personal tips or particularities of the recipe. ( 2 ) Cookbooks, which will be formed from grouping the different cooking recipes that he/she has previously published. (3) Cooking techniques, where the CREATOR will be able to explain cooking techniques and (4) On-site cooking courses, indicating the date of the course, address where it takes place and available places among other variables and which are developed outside the scope of the platform and to which the USERS can register to participate.

DRCOOK may make the PUBLICATIONS available to customers and / or users of their PLATFORMS for purchase and download. The USER who purchases and downloads any of the publications shall be entitled to a non-exclusive license to that publication. The USER who has purchased a publication will be able to save it in their devices, download ithave access to them, view it as many times as he/she considers necessary

11.2 Rejection of a publication: DRCOOK reserves the right to determine at our sole discretion what content is accepted and distributed through the PLATFORM. THE CREATOR authorizes DRCOOK, directly or through third parties, to carry out the actions we deem appropriate about their PUBLICATIONS as well as the accuracy of the data and information provided.

THE CREATOR may request the withdrawal of any of its PUBLICATIONS at any time upon request. The time period from the request for withdrawal may take up to a maximum of 14 days from the time of receipt and confirmation of the withdrawal request received by DRCOOK. All withdrawals of PUBLICATIONS shall apply prospectively only and not with respect to customers who have already purchased one of those PUBLICATIONS prior to the final date of withdrawal.





12. Copyright and exploitation rights of the PUBLICATIONS.

THE CREATOR is the owner of the copyright of his work and of the PUBLICATIONS he makes. DRCOOK does not claim ownership of the PUBLICATIONS.

THE CREATOR declares that the has a non-exclusive, worldwide, irrevocable, perpetual, royalty-free (including moral rights) right and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, obtain revenue or other remuneration from, and communicate to the public, perform and display his PUBLICATIONS (in whole or in part) throughout the world and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property rights that may exist in his PUBLICATION.

By this AGREEMENT, and for so long as it is in effect, CREATOR hereby grants to DRCOOK, in exchange for a royalty fee, (see Section 12.3), a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up (including moral rights) right and a license in order that DRCOOK may use, reproduce, distribute, make derivative works, display and perform such Content in connection with the provision of the Services and the operation of the Service and DRCOOK's business, including without limitation, for the purpose of promotion and redistribution of all or part of the PUBLICATION (and derivative works thereof) in any format and through any media channels; may use and economically exploit the content of the PUBLICATIONS in any form and manner of use, within and including outside of the PLATFORM Services.



12.1 Marketing and Promotion.

DRCOOK, through its websites and mobile applications allows the commercialization and distribution in different countries of the world of the PUBLICATIONS made by the CREATORS. As a result of these sales of the "CREATOR'S" PUBLICATIONS, DRCOOK agrees to pay an economic compensation as royalties for the total sales of its PUBLICATIONS through the PLATFORM.

DRCOOK reserves the right in its sole discretion to decide the marketing and promotions related to the sale of PUBLICATIONS added to the PLATFORM by the CREATOR, and we may, without limitation, market and promote your publications by making portions of them available to prospective customers free of charge, and by allowing prospective customers to view excerpts of your PUBLICATIONS. We will not owe you any fee for our promotional or marketing activities. The CREATOR acknowledges that we are under no obligation to market, market, distribute or sell any of your publications once we have begun to do so.

Likewise, DrCook reserves the right to translate any of the PUBLICATIONS made by the "CREATOR" into as many languages and dialects as it deems appropriate for the purpose of providing THE SERVICE on the platform.

12.2 Publication Prices

This section of the AGREEMENT sets forth the price ranges applicable to the different PUBLICATIONS that the CREATOR may add to the PLATFORM by making use of the SERVICE, including recipes, cookbooks, cooking techniques and cooking courses.

PUBLICATION PRICES are inclusive of VAT or other similar taxes which are included in the purchase price of the PUBLICATION.

12.2.1 PRICES for publication of COOKING RECIPES for countries of the European Unionthe CREATOR may choose between three pricing options for the PUBLICATIONS of recipes published individually. These options are (A) free, (B) 0,49 eur and (C) 0,99 eur, being included in these prices the vat to be applied to each sale.

12.2.2. Prices in publication of COOKBOOKS for European Union countries. The CREATOR may indicate the price for the COOKBOOK to be published between a minimum price, which will be determined by a value of 2.49 eur and a maximum price which will be determined by the sum of the price of each of the recipes that make up the cookbook individually. The following example serves as a reference. In the case of a cookbook that is composed of 6 recipes that are marketed at 0.99 eur each, the maximum value of that book may not exceed: 0.99 eur x 6 = 5.94 eur.

12.2.3 Prices for cooking courses for European Union countries. THE CREATOR must establish the price to be paid individually by each client interested in registering or signing up to participate in the course. The price for a course may be (a) free or (b) an amount of free choice as long as it is equal to or greater than 19 eur.

DRCOOK reserves the right to remove from any of its platforms any course in which the price may be excessively high, or inconsistent based on the nature of the course presented.

The prices to be indicated both for courses and for publications of cooking recipes and books are established with the vat already included and other applicable taxes already included.



12.2.4 Currency Conversion

DrCook may sell any of its publications in various currencies and countries. In each case, DRCOOK may convert the price you indicate to other currencies at the exchange rate we determine. DRCOOK may periodically update the converted Publication Price to reflect current exchange rates.

Payments made on each purchase outside the EU are converted into the currency of reference EURO.



12.3 Royalties, commissions, charges and payments.

12.3.1 Royalties for sales in KITCHEN RECIPES and COOKBOOKS for European Union countries. If you are not in breach of your obligations under this AGREEMENT, for each COOKBOOK, COOKBOOK or COOKING TECHNIQUE that has been sold using the SERVICE, DRCOOK will pay you amounts as applicable for royalties or royalties ibre of refunds, unpaid and VAT, sales taxes, commissions on monetary transactions or any other fees or charges charged to customers

In the case of recipe publications and cookbooks, the CREATOR shall be entitled, by way of royalties or royalties to:

(a) For sales made in the country of publication:

At an amount of 60% over the PUBLISHING PRICE and after deducting VAT, sales taxes, commissions on monetary transactions or any other levy or charge charged to customers on the sale of the PUBLICATION. As an example of calculation:

Royalty = 0.6 x (Publication Price - (VAT, sales tax, sales tax, finance charges or any other levy or charge charged to customers) ) )

(b)For sales made in the country other than the country of publication within the European Union:

At an amount of 50% on the PUBLISHING PRICE and after deducting VAT, sales taxes, commissions on monetary transactions or any other levy or charge charged to customers on the sale of the PUBLICATION. As an example of calculation:

Royalty = 0.5 x (Publication price - VAT, sales tax, sales tax, finance charges or any other levy or charge charged to customers )



12.3.2 Commissions on the publication and sale of cooking courses

In the case of the publication of cooking courses, DRCOOK will apply a commission of 15% on the sales value of each of the courses, on the total sales amount applied to the customer, and after deducting the financial expenses derived from the collection from the customer.




12.4 Customer collections.

DrCook, as well as any of the entities enabled for this purpose with the authorization of DRCOOK, shall be exclusively responsible for processing payments, collection of payments, refund requests and other services to customers, not being allowed and being grounds for penalty or cancellation of the account or retention of amounts pending payment collections to customers made outside the DRCOOK platform.

12.4 Payment to CREATORS from countries of the European Union

DRCOOK will pay you the corresponding amounts as a result of the sales of your publications on the PLATFORM based on the royalty percentages as indicated in item 12.3.1 Royalties for sales in COOKING RECIPES and COOKBOOKS for countries of the European Union and the commissions indicated in point 12.3.2 Commissions on the publication and sale of cooking courses.

To do this, the creator must make the payment request, using (a) the function enabled for this purpose within your control panel (My panel creator) by clicking on the button , or (b) by sending an email to info@drcook.app and may receive the corresponding amounts provided that they have reached in either of the 2 cases (a) and (b) the minimum payment thresholds.

  • For registered users within the European Union: 100 eur

  • For registered users outside the European Union: 150 eur

The deadline to pay the payment requested by the CREATOR shall be no later than 10 days.

DRCOOK may request the CREATOR to provide certain information or to register a valid bank account in order to receive payment of royalties, in which case we shall not be obliged to pay the amount of royalties until it does so. The CREATOR shall be responsible for the financial costs of collecting the royalties.




12.4.1 Billing and taxes

DORCOOK shall be responsible for collecting and remitting any and all taxes imposed on its corresponding sales of the COOKING RECIPES, COOKBOOKS and COOKING TECHNIQUES PUBLICATIONS to customers.

THE CREATOR is responsible for the income tax and taxes due and payable as a result of the payments DRCOOK makes to it based on the provisions of this AGREEMENT. In this regard, unless otherwise stated, the amounts owed by DRCOOK to CREATOR shall include all taxes that may be applicable to such payments. DRCOOK reserves the right, however, to deduct or withhold any and all taxes applicable to the amounts due to it, and the amounts due, which after deduction of such deductions and withholdings, shall constitute the full payment to be made to CREATOR.

12.4.2 Offsets