Dark Chocolate Software, LLC
Apps made using pure, undiluted, cocoa
Privacy is important to us, so we understand that it is important to you. While we don’t collect much information, we do collect some.

What we collect:

Our servers have logging enabled for the purposes of ensuring site reliability, and diagnosing failure. We do log IP addresses, devices, operating systems, browser type, type of connection, page and recipe viewing statistics, and incoming/outgoing links. This data is not associated with anyone’s personal information directly. However, if we are required to disclose information under proper legal process, some third party such as your internet provider could match our anonymous technical data with you using information beyond what is found on our servers.

Our sharing service for recipes does collect an anonymous ID about who shared a recipe to prevent abuse. Additionally the author field in your recipes might contain personally identifiable information, if you do not want this shown, remove it before sharing.

Additionally, we use third party services for analytics, and sharing content on our site. These services may make use of cookies or other anonymous utilities to provide us with analytics data and are covered by their own privacy policies

What we do with the data we collect:

We use the analytics and logs to analyze how well our systems are functioning, and how to improve them for the future. We also use this information to ensure that repeat abusers are not allowed to continue sharing recipes. We will not disclose any of this data to any third party unless required to by proper legal process.

If you have any questions regarding privacy data, please contact us at support@darkchocolatesoftware.com

Terms:

Revision: (1/1/2014)

If someone else might own the copyright to it, don’t upload it. Don’t upload gore, obscenity, advertising, solicitations, "hate speech" (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages illegality. Don’t hotlink to such content, or to file-sharing or torrent sites. Don’t be a troll or a jerk. If you do (and we will be the judge), or if you do anything illegal, in addition to any other legal rights we may have, we will ban you, delete all your recipes, and prevent you from viewing others recipes.

Don’t hotlink to adult content, or to file-sharing or torrent sites, and don't use Dark Chocolate Software’s cardsrecip.es as a content delivery network.

If you see anything on our site that shouldn’t be there because it violates our policies or for any other reason, please let us know by emailing us at support@darkchocolatesoftware.com.

Avoid foul language for anything you make publicly available. Use asterisks *** to self-bleep if you must. But come on, most of the time there are plenty of better, more descriptive words!

Recipes are uploaded anonymously and you may choose to share those links with whoever you wish, however they may be shared by those people and therefore seen by anyone.

Intellectual property

By uploading a recipe and associated image you represent and warrant to us that doing so does not violate or infringe upon anyone else’s rights; and you created the file or other content you are uploading or otherwise have sufficient intellectual property rights to upload the material consistent with these terms.

With regards to any recipe and associated image you upload to our site to share, you grant Dark Chocolate Software a non-exclusive, royalty-free perpetual, irrevocable worldwide license to use, to display online, and in any present or future media, to allow downloads of, and/or distribute any such file or content.

By downloading a recipe and/or it’s associated image from the cardsrecip.es site, you agree that you will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing

NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT

If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:

  • Identification of the copyrighted work or works claimed to have been infringed;
  • Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law;
  • A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
  • Your physical or electronic signature, or of someone authorized to act on your behalf;
  • Instructions on how we may contact you: preferably email, but also address and phone

Our agent to receive such notifications of claimed infringement is Daniel Siemer.

Email: support@darkchocolatesoftware.com
Mailing Address:
Dark Chocolate Software, LLC
515 S. Main Suite #308
Wichita, Ks 67202

Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA notice since content is posted anonymously, we will have no way of notifying you, so you will have to contact us if you think that may have happened. Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.

Disclaimer of Warranties, Limitations of Remedies, Indemnity

Although of course we strive to make Dark Chocolate Software as dependable as possible, our services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of files on, our servers. Whether we make backups, and if so whether restoration of those backups will be available to you, is at our discretion. DARK CHOCOLATE SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER DARK CHOCOLATE SOFTWARE TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, DARK CHOCOLATE SOFTWARE HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. DARK CHOCOLATE SOFTWARE DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON DARKCHOCOLATESOFTWARE.COM OR CARDSRECIP.ES THAT IS NOT PRODUCED BY DARK CHOCOLATE SOFTWARE, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

DARK CHOCOLATE SOFTWARE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, DARK CHOCOLATE SOFTWARE'S SERVICES, EVEN IF DARK CHOCOLATE SOFTWARE HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF DARK CHOCOLATE SOFTWARE'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT ACCRUES.

YOU WILL INDEMNIFY AND HOLD DARK CHOCOLATE SOFTWARE AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.

Miscellaneous

“Dark Chocolate Software”, “DCS or "we" refers to Dark Chocolate Software, LLC, a Kansas limited liability company, and its successors and assigns. "You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time. These terms are governed by Kansas law, excluding its conflicts of law principles, and if there is a lawsuit between you and Dark Chocolate Software, jurisdiction and venue will lie exclusively in the State where the defendant is located, if within the United States, or in Sedgwick County, Ks otherwise. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms of Use constitute the entire agreement among the parties relating to this subject matter, and they will continue to govern any issues that arise out of your use of Dark Chocolate Software’s services even after you discontinue using them. We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date at the top. Any changes apply as of the time they are posted. Dark Chocolate Software is not meant for use by children under age 13; if your child is younger than 13 please allow him or her to use it only under your supervision.