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Copyright Agreement: By viewing this web site you agree to the following: The entire contents of the foodcult.com web site is protected by American copyright laws and The Berne Convention on Intellectual Property. The owner of the copyrights is Galganov & Associates. Reproductions of art images and elements of their descriptive content are owned by their respective artists and/or publishers and/or owners. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE, UNLESS Galganov & Associates and/or the respective owners HAVE GIVEN SPECIFIC PERMISSION TO DO SO. All other copyrights, trademarks, service marks, and logos are the respective property of their holders. Some information/images contained in this site refers to other sites or authors, but most is original intellectual work. All representations of persons living or dead are unintentional. If you detect any issues with the legality of this site in any way, shape, or form, problems are always unintentional and will be corrected with appropriate notification. Theft of intellectual property from this site will be fought to the fullest extent of the law. Galganov allows limited, non-exclusive re-posting of recipes - an absolute maximum of three (3) recipes on any site or series of sites owned by a single individual or entity - providing any re-posted recipes include an active hot link to FoodCult.com
For your convenience - cut + paste the following: Any recipe(s) posted without this active hot link on that page will cause the initiation of a formal DMCA complaint - without further warning. Images may not be reposted without express, written consent. |
FoodCult.com and the Digital Millenium Copyright Act (DMCA)
What happens when we find our content posted on other sites, in breach of terms as defined here, and why do we take the action we do?
We believe we are very liberal in our posting policy. Beyond this, our first and immediate obligation is to ensure that revenues are not earned, in breach of posted terms, from our intellectual property and that our rights to our intellectual property are adequately protected.
Our first step, therefore, is to examine the site and usage. If usage is in breach of our very liberal terms we look at the site and if there is any advertising we place a DMCA complaint with the advertising agency and/or advertiser advising them that any revenues they are earning as a result of activities on that site may be illegal. Our second step is to review the site once this DMCA complaint is processed and if any content is still live we submit a complaint to search engines' legal departments advising them of content illegally being posted and, subsequently, indexed in their databases. This means that pages with our content will no longer appear in those search engines. We may, if we deem it appropraite in certain situations, lodge complaints with search engines concurrently as we lodge our DMCA complaint with the advertisers/agencies. Finally if, after these two steps, those images are still stored on the server we submit a DMCA complaint to the web host based on illegal hosting and/or distribution of copyrighted intellectual property requesting that any steps necessary to assure that illegal content is not hosted on their servers be taken.
We have been asked why we do not, simply, advise the website administrator
The answer to this question is quite simple. Should legal action (always the last resort) become necessary it would be appropriate to leave all communications directly with the person(s) and/or organization(s) using our works without appropriate permissions to legal counsel so ... nothing personal but, unfortunately, in such cases we are unable to communicate with you directly.
If, at some point we do decide to contact a website owner directly it will be to send an invoice for use to date along with a "Cease-and-Desist" demand - a right we reserve.
It has been asked if we don't "live in a glass house". In other words, "Do we really own the content on our site?"
With notable exceptions, "Absolutely!" We own all images on this website and all recipes have been adjusted to our taste and style and, as such, are ours.
Why do we defend our content so vociferously?
In fact, we've got significant sums of money and hours invested in this content. Between ingredients, energy costs, time, equipment and new digital hardware, we have a substantial investment in everything found on this site. We (as we are sure you would too when you spend a moment thinking about it) are protective of our labours - the major investment in building content for this site.
Can you repost our content?
Strictly in conformity with the terms as posted to the left.
It's been suggested that we treat sites that allow third party upload differently since the site owners are not responsible for the content.
Unfortunately, this is a specific situation for which we can offer no additional support. Each site owner/manager is responsible for their own content. Once we undertake to host other people's content we take on certain risks. This was obviated by Youtube and Google. Once Google aquired Youtube they came under, and accepted the, obligation to manage uploaded content such as to avoid hosting copyrighted content. As they have accepted responsibility for the content their users post on their site so must smaller site owners. While we really are entirely sympathetic, a site owner is, ultimately, exclusively responsible for any content on his/her website. If a site owner finds our content on their site it is, pre-emptively, their responsibility to remove it and, if damaged by it's presence, to take the issue up with their user - not with us.
You have a DMCA statement on your site and we still took the same approach as described here. Why didn't we contact you?
Obviosly, we have a lot of respect for DMCA issues but simply putting a statement on your site does not absolve you of responsibility for accepting or mis-appropriating content ... and it will not change how we handle the issue of content from any of our sites which have been improperly or excessively posted. We hope you understand our perspective. If anything is confusing to you please read this page again. It describes our actions in response to any event of plagurism.
What happens if none of the above works in getting our content off the offfending website?
Legal action will be launched naming the owner of the website, the web hosting company and any advertising agencies or other organizations who, along with the owner of the website, earn illicit revenues from our content.
How can you avoid any of these actions?
If you audit your site and/or assure that any of our content is only reposted in strict adherence to the terms as posted on this page you'll not hear from us.
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