Terms & Conditions

Last Updated: April 19, 2024

By using LiteralCookery.com, you're agreeing to abide by the Terms & Conditions shown below.

Welcome to Literal Cookery! Literal Cookery, LLC ("Literal Cookery") provides website features and other products and services to you when you visit or shop at the websites operated by Literal Cookery (including LiteralCookery.com and any future site operated by Literal Cookery, collectively, the "sites"), use Literal Cookery products or services, use Literal Cookery applications for mobile, or use software or data provided by Literal Cookery in connection with any of the foregoing (collectively, together with any use of the sites, "Literal Cookery Services"). Literal Cookery provides the Literal Cookery Services subject to the following conditions.

By using Literal Cookery Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Literal Cookery Services, and sometimes additional terms may apply. When you use a Literal Cookery Service you also will be subject to the guidelines, terms and agreements applicable to that Literal Cookery Service ("Service Terms"). If these Terms & Conditions of Use ("Conditions of Use") are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which is incorporated into these Conditions of Use and also governs your use of Literal Cookery Services, to understand our practices.

ELECTRONICS COMMUNICATION

When you use any Literal Cookery Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites or through the other Literal Cookery Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included in or made available through any Literal Cookery Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Literal Cookery or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Literal Cookery Service is the exclusive property of Literal Cookery and protected by U.S. and international copyright laws.

TRADEMARKS

“Literal Cookery” is a federally registered trademark. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Literal Cookery Service are trademarks or trade dress of Literal Cookery in the U.S. and other countries. Literal Cookery's trademarks and trade dress may not be used in connection with any product or service that is not Literal Cookery's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Literal Cookery. All other trademarks not owned by Literal Cookery that appear in any Literal Cookery Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Literal Cookery.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Literal Cookery or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Literal Cookery Services. This license does not include any resale or commercial use of any Literal Cookery Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Literal Cookery Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Literal Cookery or its licensors, suppliers, publishers, rightsholders, or other content providers. No Literal Cookery Service, nor any part of any Literal Cookery Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Literal Cookery. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Literal Cookery without express written consent. You may not use any meta tags or any other "hidden text" utilizing Literal Cookery's name or trademarks without the express written consent of Literal Cookery. You may not misuse the Literal Cookery Services. You may use the Literal Cookery Services only as permitted by law. The licenses granted by Literal Cookery terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any Literal Cookery Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Literal Cookery does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Literal Cookery Services only with involvement of a parent or guardian. Literal Cookery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Literal Cookery reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Literal Cookery a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Literal Cookery and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Literal Cookery for all claims resulting from content you supply. Literal Cookery has the right but not the obligation to monitor and edit or remove any activity or content. Literal Cookery takes no responsibility and assumes no liability for any content posted by you or any third party.

Literal Cookery respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a DMCA takedown notice via our contact page.

RISK OF LOSS

All items purchased from Literal Cookery are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE

Some items may not be returnable or refundable. At our discretion, a refund may be issued without requiring a return. In this situation, Literal Cookery does not take title to the refunded item. Literal Cookery does not take title to returned items until the item arrives at our fulfillment center.

PRODUCT DESCRIPTIONS

Literal Cookery attempts to be as accurate as possible. However, Literal Cookery does not warrant that product descriptions or other content of any Literal Cookery Service is accurate, complete, reliable, current, or error-free. If a product offered by Literal Cookery itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on any Literal Cookery Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

With respect to items sold by Literal Cookery, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Literal Cookery is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

To reserve the product for you, payments are charged at the time of purchase. In the event an item can't be fulfilled, we will refund the full amount for that item.

COUPONS

Each promotion includes a coupon with a coupon code and only applies to specified item or items ("Qualifying Item(s)").

How to Redeem the Coupon
Enter the coupon code for the coupon at checkout. Each coupon is only valid for a limited time or while Qualifying Item(s) last. Once you have redeemed a coupon, the date by which you must redeem a coupon (the "Expiry Date") will be displayed on the promotion. You will usually have until 11:59 PM CT on the Expiry Date to redeem the coupon. Quantities are limited and coupons may expire before the Expiry Date.
To redeem the coupon by making a one-off purchase, add a Qualifying Item to your shopping cart by clicking the "Add to Cart" button. When you're done shopping, click the "Proceed to Checkout" button. Enter the coupon code. The coupon discount will be applied at checkout, reducing the price of Qualifying Item(s) as provided in the coupon promotion.

Coupon Terms and Conditions
Literal Cookery reserves the right to modify or cancel any coupon at any time. Each coupon may only be used at www.LiteralCookery.com for the purchase of Qualifying Items. Each coupon collected can only be used once unless otherwise provided in the Coupon Terms. If you return any Qualifying Item(s) purchased with a coupon, the coupon discount or value will be subtracted from the refund you receive. Delivery charges may apply. Offers valid in each case while Qualifying Item(s) last. Coupons have no cash redemption value and are not transferable or assignable. Coupons must not be used in conjunction with any other promotional discounts.

LITERAL COOKERY SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Literal Cookery Services (the "Literal Cookery Software").

OTHER BUSINESSES

Literal Cookery may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Literal Cookery does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LITERAL COOKERY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LITERAL COOKERY SERVICES ARE PROVIDED BY LITERAL COOKERY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LITERAL COOKERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LITERAL COOKERY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LITERAL COOKERY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LITERAL COOKERY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LITERAL COOKERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LITERAL COOKERY DOES NOT WARRANT THAT THE LITERAL COOKERY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LITERAL COOKERY SERVICES, LITERAL COOKERY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LITERAL COOKERY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LITERAL COOKERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LITERAL COOKERY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LITERAL COOKERY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Literal Cookery Service will be adjudicated in the state or Federal courts in Boston, Massachusetts, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any Literal Cookery Service, you agree that applicable federal law, and the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Literal Cookery.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to the sites, policies, Service Terms, the Privacy Policy, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Literal Cookery, LLC
92 Gordon Street, #206
Brighton, MA 02135
Attn: Melissa Nasson

How to Serve a Subpoena
If you have a subpoena to serve on Literal Cookery, please note that Literal Cookery does not accept service via e-mail and will not respond to the subpoena. All subpoenas must be properly served on Literal Cookery.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or payment instrument number used to make purchases.

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Literal Cookery's copyright agent with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the sites;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Literal Cookery's Copyright Agent for notice of claims of copyright infringement on the sites can be reached as follows:
Copyright Agent
Literal Cookery, LLC
92 Gordon Street, #206
Brighton, MA 02135
e-mail: melissa@literalcookery.com
telephone: 617-966-4499

Please note that this procedure is exclusively for notifying Literal Cookery that your copyrighted material has been infringed.

ADDITIONAL LITERAL COOKERY SOFTWARE TERMS

1. Use of the Literal Cookery Software. You may use Literal Cookery Software solely for purposes of enabling you to use and enjoy the Literal Cookery Services as provided by Literal Cookery, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Literal Cookery Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Literal Cookery Software or otherwise assign any rights to the Literal Cookery Software in whole or in part. You may not use the Literal Cookery Software for any illegal purpose. We may cease providing any Literal Cookery Software and we may terminate your right to use any Literal Cookery Software at any time. Your rights to use the Literal Cookery Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Literal Cookery Software that are specifically identified in related documentation may apply to that Literal Cookery Software (or software incorporated with the Literal Cookery Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Literal Cookery Service is the property of Literal Cookery or its software suppliers and protected by United States and international copyright laws.

2. Use of Third Party Services. When you use the Literal Cookery Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Literal Cookery Software, whether in whole or in part, or create any derivative works from or of the Literal Cookery Software.

4. Updates. In order to keep the Literal Cookery Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Literal Cookery Software. If you are a U.S. Government end user, we are licensing the Literal Cookery Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Literal Cookery Software are the same as the rights we grant to all others under these Conditions of Use.

LITERAL COOKERY PRIVACY POLICY

The privacy policy explains how, why, and what we do with the data we collect from you. If you have any questions about the policy, you're always welcome to email melissa@literalcookery.com and ask.

Privacy Notice
Last updated: April 19, 2024

This Literal Cookery Privacy Notice describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it. These additional disclosures, which serve as a Notice at Collection under the California Privacy Rights Act, are required by the California Privacy Rights Act, Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act.

By using Literal Cookery Services, you are consenting to the practices described in the Literal Cookery Privacy Notice.

Literal Cookery Additional State-Specific Privacy Disclosures:
These additional disclosures are required by the California Privacy Rights Act and the Virginia Consumer Data Protection Act:

1.Categories of personal information collected. The personal information that Literal Cookery collects, or has collected from consumers in the twelve months prior to the effective date of this Disclosure, falls into the following categories established by the California Privacy Rights Act, depending on which Literal Cookery Service is used:
identifiers such as your name, alias, address, phone numbers, IP address, or your Literal Cookery account log-in information;
personal information, such as a credit card number or other payment information;
information that may reveal age, gender, or other protected classifications, for example if you choose to participate in a customer survey or voluntarily provide such information in the Literal Cookery forums;
commercial information, such as purchase activity;
internet or other electronic network activity information, including content interaction information.
audio or visual information, such as voice recordings when you call our customer service; and
inference data, such as information about your purchase preferences.

2.Categories of personal information disclosed for a business purpose. The personal information that Literal Cookery disclosed to third parties about consumers for a business purpose in the twelve months prior to the effective date of this Disclosure falls into the following categories established by the California Privacy Rights Act, depending on which Literal Cookery Service is used:
identifiers such as your name, alias, address, phone numbers, IP address, or your Literal Cookery account log-in information, for example if we use a third-party carrier to deliver your order;
personal information, such as a credit card number or other payment information, for example if we use a third-party payment processor;
information that may reveal age, gender, or other protected classifications, for example if you choose to participate in a survey distributed by a survey provider or voluntarily provide such information in the Literal Cookery forums;
commercial information, such as the details of a product you purchased if a third-party service provider is assisting to provide that product to you;
internet or other electronic network activity information, such as if we use a service provider to help us gather crash reports for analyzing the health of our devices and services;
audio or visual information, for example if a service provider reviews recordings of customer service phone calls for quality assurance purposes; and
inference data, for example if we use a service provider to help us optimize the accuracy of your shipping address to make sure your order reaches you.

3.Advertising. Literal Cookery shares limited information to help ensure you receive more useful and relevant Literal Cookery ads and to measure their effectiveness. Any personal information Literal Cookery may have shared for the purpose of cross-context behavioral advertising, as that term is defined by the California Privacy Rights Act, in the twelve months prior to the effective date of this Disclosure falls into the following categories:
identifiers such as a cookie or a device identifier; we never share your name or other information that directly identifies you.
internet or other electronic network activity information and inference data; for example, if you purchase a product, we may share an advertising identifier and an estimate of the value of the ads they show you on our behalf so they can serve you with more effective ads.

Literal Cookery also processes personal information for the purposes of targeted advertising as that term is defined under the Virginia Consumer Data Protection Act, Colorado Privacy Act, Connecticut Data Privacy Act, and Utah Consumer Privacy Act.

4.Your Data Rights: You may have certain data rights under the California Privacy Rights Act or Virginia Consumer Data Protection Act, including to request information about the collection of your personal information by Literal Cookery, to access your personal information in a portable format, and to correct or delete your personal information. If you wish to do any of these things, please contact Customer Service or email us at melissa@literalcookery.com. Additionally, you may have the right to opt out of the processing of your personal data for targeted advertising, as defined by the Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act, or the sharing of your personal information for cross-context behavioral advertising, as defined by the California Privacy Rights Act. To do so, please email us at melissa@literalcookery.com. If you enact the Global Privacy Control (GPC) opt-out signal on your browser, we will honor your opt-out preference accordingly. Literal Cookery does not knowingly share data of Customers under 16 years old.

You may also have the right to appeal the denial of any of these rights by submitting a form that will be provided to you if we deny a data request. Depending on your data choices, certain services may be limited or unavailable. To ensure the security of your Literal Cookery account, we will generally ask you to verify your request using the contact information you have already provided. If you do not have an account, or if you are an authorized agent under the California Privacy Rights Act, email us at melissa@literalcookery.com.

5.No sale of personal information. In the twelve months prior to the effective date of this Disclosure, Literal Cookery has not sold any personal information of consumers, as those terms are defined under the California Privacy Rights Act.

6.California Privacy Rights Act Sensitive Personal Information Disclosure. The categories of data that Literal Cookery collects and discloses for a business purpose include “sensitive personal information” as defined under the California Privacy Rights Act. Literal Cookery does not use or disclosure sensitive personal information for any purpose not expressly permitted by the California Privacy Rights Act.

7.California Privacy Rights Act Retention Disclosure. We keep your personal information to enable your continued use of Literal Cookery Services, for as long as it is required in order to fulfill the relevant purposes described in the Literal Cookery Privacy Notice, as permitted or as may be required by law, or as otherwise communicated to you. For example, we retain your transaction history so that you can review past purchases (and repeat orders if desired) and what addresses you have shipped orders to, and to improve the relevance of products and content we recommend.

8.California Privacy Rights Act Non-Discrimination Statement. Literal Cookery will not discriminate against any consumer for exercising their rights under the California Privacy Rights Act.

9.California Privacy Rights Act, Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act De-identified Data Disclosure. Literal Cookery may use de-identified data in some instances. Literal Cookery either maintains such data without attempting to re-identify it or treats such data as personal data subject to applicable law.

10.Colorado Privacy Act Profiling Disclosure. Literal Cookery does not engage in profiling of consumers in furtherance of automated decisions that produce legal or similarly significant effects, as those terms are defined under the Colorado Privacy Act.

Please contact melissa@literalcookery.com if you are a California or a Virginia resident and you would like to exercise one or more of the rights described above.

MODIFICATION AND SEVERABILITY