Welcome to the Secret Ingredients website, provided to you by Sous Chef, Inc.
Before using this site, please review the following Terms and Conditions ("Terms"). TheSecretIngredients.com ("Website") is an Internet Service ("Service") owned and operated by Sous Chef, Inc. doing business as Secret Ingredients and Heirloom Cookbooks (herein referred to as "we", "us", or "Secret Ingredients"). The purpose of this Website and Service is to provide customized cookbooks that allow individuals, families, and social groups to share their memories through recipes and photographs with one another.
Use of this site constitutes acceptance of these Terms and creates a binding legal agreement between you (the adult user of this Service) and Secret Ingredients wherein you agree to use this Website in a manner consistent and according to the following Terms and all applicable laws. Please note that any breach of this agreement may result in the termination of our Service to you.
Secret Ingredients reserves the right to change these Terms at our discretion. Please refer to our Website occasionally for any changes. If you do not agree with any of these Terms, don't use this Service.
Copyright and Trademark Information
Secret Ingredients, its slogan, logo, and seals are trademarks and service marks of Sous Chef, Inc. All images, text and any other content on this website; product components; information and materials are the property of Sous Chef, Inc. and are protected by copyright and other applicable laws. You may not distribute, copy, or use any such material or items without written permission. All other company, product or service names referenced in the Website are trademarks of their respective owners.
Guidelines for Submissions
- Secret Ingredients makes no warranties, express or implied, about the reliability of your recipes or photographs ("Submissions") and is not responsible for any damage caused by loss, deletion, or alteration of Submissions. Customers are responsible for monitoring all submitted content.
- You may NOT submit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party without the approval and consent of the owner of these rights. Be aware that any Submission to your individual or group cookbook project by Email Recipe Request or a Participant belongs to the creator or submitter and you should not reproduce it without consent of the owner.
- While Secret Ingredients will not edit or monitor all Submissions and is not responsible for user provided content, Secret Ingredients reserves the right to move or delete Submissions, without notice, that it, in its sole discretion, deems illegal, offensive, defamatory, obscene, or in violation of this agreement or otherwise unacceptable.
- It is a condition of this Service that you do not upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
- Secret Ingredients claims no ownership rights in the content of your Submissions. For the sole purpose of displaying Submissions to selected persons and to fulfill your or another customer's order within your group project, you grant Secret Ingredients a perpetual non-exclusive, royalty-free license to host, display, upload, publish, print, copy, customize, remove, transmit and distribute any material included in your Submissions.
About Your Account
- This site is not intended for persons under the age of 18. By providing Secret Ingredients with any information, you represent that you are 18 years of age or older. If you provide us with information regarding a third party, you represent that third party members are 18 years of age or older.
- During the Get Started process, you will be asked to select a Username and Password. You agree to provide Secret Ingredients with accurate and complete registration information. Impersonation of any person or entity or false statement or misrepresentation of your affiliation with a person or entity will breach this agreement.
- You are solely responsible for all activity or usage on our Website through your Username and Password. Online conduct that Secret Ingredients, at our sole discretion, believes to be fraudulent, harmful, or otherwise illegal may result in the termination of your cookbook project.
- You hereby grant Secret Ingredients permission to access your account to perform our Service to you; to expand new and useful services and/or features; and to follow a court order, complaint, subpoena or legal request from a governmental authority.
Pricing and Payments
- Secret Ingredients Free Trial Accounts
- No monthly project fees will be associated with Free Trial accounts for the life of the account, and a deposit will not be required to set up your account; however, if you are creating an "Heirloom Cookbook", a deposit is required to customize your cookbook order.
- Free Trial accounts for "Heirloom Cookbooks" will have limited website features. The following features will be disabled until you complete the "Checkout" process: About Your Project, Upload Photos, Dedication, and Add to Your Order.
- By completing the Get Started form and using your Free Trial account, you agree and grant Secret Ingredients permission to send communications to your email address.
- Your Free Trial account may be terminated by Secret Ingredients if you do not "Checkout" within 3 months. Secret Ingredients will send you an email notification within 24 hours of terminating your project for this reason.
- Secret Ingredients Heirloom Cookbooks
- Pricing- Pricing for your Secret Ingredients cookbooks is determined by the total order. In a group project, the price is determined by the total number of cookbooks purchased by the group as a whole. By clicking the Submit Order button, you agree and acknowledge that a deposit of one hundred dollars ($100) per cookbook will be automatically charged to your credit card. The remaining balance for each cookbook, payment foradditional retail items, taxes (if applicable), shipping, and any other additional fees (i.e. Special Requests) will be automatically charged to your credit card when your individual or group cookbook project has been successfully completed and a valid signature, determined by Secret Ingredients, has been submitted under "Cookbook Complete".
- Reordering Heirloom Cookbooks- In order to reorder cookbooks from a specific cookbook project, you may login to your account and click on "Add to Your Order". Pricing will be determined by the total number of orders of the specific cookbook project to date from which you are ordering. The total amount of your order, including the amount for additional retail items, taxes (if applicable), shipping, and any other additional fees (i.e. Special Requests) will be automatically charged to your credit card.
- Secret Ingredients Keepsake Cookbooks
- Pricing- Pricing for your Secret Ingredients cookbooks is determined by the quantity of cookbooks ordered and the number of recipes you submit for your Keepsake Cookbook project. By clicking the Submit Order button in the Checkout process, you agree and acknowledge that your order total will be automatically charged to your credit card, including taxes (if applicable), shipping, and any other additional fees.
- Reordering Keepsake Cookbooks- In order to reorder cookbooks from a specific cookbook project, you may login to your account and click on "Add to Your Order". Pricing will be determined by the total quantity of cookbooks you order and the number of recipes included in your cookbook project. The total amount of your order, including the amount for additional retail items, taxes (if applicable), shipping, and any other additional fees (i.e. Special Requests) will be automatically charged to your credit card.
Updating Your Credit Card Information
You agree to notify Secret Ingredients of any change to your credit card information including, but not limited to, changes in account number, expiration date or billing address. Secret Ingredients shall not be responsible for any charges made by the Credit Card issuer to your credit card account for exceeding credit limit, insufficient funds or other reasons.
If any charges for the Services are due but unpaid for any reason including, but not limited to, declined credit card charges or non-payment, Secret Ingredients may terminate the Services and all accumulated charges shall be immediately due, plus a restocking fee of twenty dollars ($20.00) for orders consisting of two or more Heirloom or Keepsake Cookbooks. No termination or suspension of the services or of this Agreement shall relieve the payment of any amounts due.
You acknowledge that a restocking fee of twenty dollars ($20) will automatically be charged to your credit card for orders consisting of two or more Heirloom Cookbooks if (i) your cookbook project is terminated by Secret Ingredients due to a violation of this agreement; or (ii) you terminate your cookbook project before the project is complete (as signified by a valid signature submitted through the "Cookbook Complete" and determined by Secret Ingredients). This applies to Heirloom Cookbooks only.
Secret Ingredients guarantees our products against any defect due to manufacturing. If your cookbook is damaged, incomplete, or contains incorrect customized options, please contact us within 14 days of the shipping date. Customized options for Heirloom Cookbooks include Binder, Dividers, Font Style, Dedication, and Photographs. Customized options for Keepsake Cookbooks include Cookbook Theme, Dedication, or Photograph. We will provide you with a prepaid return label, so that we may correct or service your requests as soon as possible.
Secret Ingredients is not responsible for spelling, typographical or grammar errors; poor image quality from low resolution images; errors in order quantity or other ordering errors.
Other Retail Merchandise
Secret Ingredients is happy to make an exchange or credit your credit card account if you are not completely happy with any retail merchandise, excluding Secret Ingredients cookbooks. The item must be returned to Secret Ingredients in perfect condition within 14 days of the original ship date. Return merchandise is not accepted after 30 days. Items received by Secret Ingredients after 14 days are subject to a five dollar ($5) restocking fee.
Guidelines for Heirloom Cookbook Group Projects
- If you are participating in a Heirloom Cookbook Group Project as a Head Chef or as a Participant, you acknowledge and grant Secret Ingredients the permission to display your first and last name, email address, and the quantity of cookbooks you have ordered in the "About Your Project" portion of your group account. This information will not be made public to any persons outside of your cookbook project.
- As a participant in an Heirloom Cookbook Group Project, you are aware that certain features associated with your group account can only be accessed by the Head Chef.
- Whether you are a Head Chef or a Participant in a group project, you agree to and acknowledge the following statements:
- Participants List-
Populating and monitoring the Participants list, including, but not limited to, sending electronic and written invitations is the sole responsibility of the Head Chef.
- Snail Mail Participants-
It is the sole responsibility of the Head Chef to obtain written permission and order forms for cookbooks and additional retail items from Snail Mail Participants; to place accurate orders for cookbooks including correct customized options and additional retail items for Snail Mail Participants; organizing, collecting, and/or submitting payment on behalf of all Snail Mail Participants; and collecting and accurately submitting recipes from Snail Mail Participants. SECRET INGREDIENTS ASSUMES NO LIABILITIES IN CONNECTION WITH ORDERS ASSOCIATED WITH SNAIL MAIL PARTICIPANTS. BY TAKING ON THE TITLE OF HEAD CHEF, YOU ASSUME RESPONSIBILITY FOR ALL SNAIL MAIL SUBMISSIONS AND ORDER ACCURACY.
- Customizing the Dedication Page and Uploading Photographs is the sole responsibility of the Head Chef. Secret Ingredients will only accept photograph submissions and customized Dedication Pages from the Head Chef for a group project, unless a Participant has officially submitted and agreed to the terms of a Special Request, as documented by Secret Ingredients.
- Cookbook Complete-
Secret Ingredients will begin production on all cookbook orders within your group project as soon as the Head Chef has officially and successfully submitted a valid signature, determined by Secret Ingredients, under "Cookbook Complete".
When your Keepsake or Heirloom cookbook project is complete, as signified by a valid signature submitted through the "Cookbook Complete" and determined by Secret Ingredients, your recipes and photographs will be removed from your account for production. However, your User Name and Password will not expire unless otherwise communicated by Secret Ingredients. You will have continued access to the Stock Pot, About Your Project, and Add to Your Order.
The Stock Pot
By submitting your recipes and cooking tips ("Submissions") to The Stock Pot you acknowledge and agree that (i) you are the sole creator of all content that you submit; (ii) you give Secret Ingredients full right to edit and modify your Submissions by making grammatical and other editorial revisions; (iii) your Name or Nickname may be published along with each Submission; (iv) Secret Ingredients has full use of all Submissions for any purpose- commercial or likewise - including reproduction, display, or distribution in any medium without compensation due to you at any time for any purpose.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. The content, products, and services available through Secret Ingredients' Website are provided on an "as available" and "as is" basis and without any warranty of any kind, expressed or implied.
Secret Ingredients and our third party suppliers disclaim all warranties and conditions of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Secret Ingredients makes no warranty for the security, reliability, timeliness, and performance of this Website or Service. Secret Ingredients makes no warranty regarding any materials downloaded or otherwise obtained through the use of the Service, image quality, goods, services, or special offers. Secret Ingredients disclaims any warranties for any information, advice, or tips obtained through the Website. Secret Ingredients similarly disclaims any warranties for other services or goods received through or advertised on this Website or received through any links provided in the Website.
Limitation of Liability
Under no circumstances shall Secret Ingredients be liable to any user for any indirect, incidental, special, punitive or consequential damages, including, but not limited to, damages for loss or delay of use, lost profits, loss of data, or other intangibles that result from the use, inability to use, and reliance on Secret Ingredients' Website, Products or Services, from any changes to this Website or its Services, or from unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation of liability; therefore, some of the above limitations may not apply to you.
As a Secret Ingredients customer, you agree to indemnify Secret Ingredients, our officers, directors, employees, consultants, suppliers, and any third-party information providers to the Service and hold them harmless from and against all damages, losses, and expenses, including attorney's fees, arising from any violation of these Terms or any event associated to your account (including negligent or wrongful conduct) by you.
These Terms and Conditions shall be interpreted, construed and governed by the laws of the state of North Carolina and the federal law of the United States of America. Both parties hereby consent to jurisdiction and venue in the courts of Candler, North Carolina.
Modifications to Terms and Service
Secret Ingredients, at its sole discretion, has the right to revise these Terms at any time. Modifications will be posted on the Website. If any portion of these Terms or any changes to these Terms are unacceptable to you, it is your responsibility to discontinue use of the Service and Website. Continued use of the Service and TheSecretIngredients.com verifies your acknowledgement and acceptance of the current Terms.
The Terms and Conditions constitute the entire agreement between you and Secret Ingredients with respect to this Service and therefore supersede all other communications, written, oral, or electronic, with regard to the Service.