Thank you for using AllTheCooks. By accessing the AllTheCooks
website ("Site") or using the services offered by AllTheCooks
("Services") you agree and acknowledge to be bound by these
Terms of Service ("Terms"). If you do not agree to these
Terms, please do not access the Site or use the Services.
AllTheCooks reserves the right to change these Terms at any
time. We recommend that you periodically check this Site for
This agreement was written in English (US). To the extent
any translated version of this agreement conflicts with the
English version, the English version controls.
AllTheCooks grants you a limited license to access the Site
and use the Services in accordance with these Terms and the
instructions and guidelines posted on the Site. AllTheCooks
reserves the rights to terminate your license to use the Site
and Services at any time and for any reason or in the future
charge for commercial usage.
You are solely responsible for your use of the Site and
Services. Because AllTheCooks merely serves as a repository of
information, user-posted content does not represent the
advice, views, opinions or beliefs of AllTheCooks, and
AllTheCooks makes no claim of accuracy of any user-posted
material. AllTheCooks archives links to third-party websites.
The linked websites' content, business practices and privacy
policies are not under our control, and we are not
responsible for the content of any linked website or any link
contained in a linked website. The inclusion of a link on the
Site or Services does not imply any endorsement by or any
affiliation with AllTheCooks. In accessing the Site and
Services or following links to third-party websites you may
be exposed to content that you consider offensive or
inappropriate. You agree that your only recourse is to stop
using the Site and Services.
Feeds and API
AllTheCooks provides access to portions of its Site and
Services via RSS feeds and an API; for the purposes of these
Terms, such access constitutes use of the Site and Services.
AllTheCooks asks that you use these features respectfully, as
outlined in the documentation. AllTheCooks reserves the rights
to change these features at any time and to disable access to
the feeds and the API at any time for any reason.
Intellectual Property (Trademarks & Copyrights)
AllTheCooks, the AllTheCooks logo and the AllTheCooks design are
trademarks or trade dress of AllTheCooks, and may not be used
without express written permission from AllTheCooks, other than
for attribution. All other trademarks not owned by AllTheCooks
that appear on this Site are the property of their respective
owners, who may or may not be affiliated with, connected to,
or sponsored by AllTheCooks.
$tosBrand-originated content included on the Site, such as
text, graphics, logos, software and the compilation of all
content on the Site, is the property of AllTheCooks and its
licensors and protected by United States and international
copyright laws. Except as set out in these Terms, no
reproduction of any $tosBrand-originated content is permitted
without written permission from AllTheCooks.
It is AllTheCooks policy to respond to notices of alleged
copyright infringement that comply with applicable
intellectual property law (including the Digital Millennium
Copyright Act) and to terminate the accounts of repeat
No Warranty and Limitation of Liability
ALLTHECOOKS PROVIDES THE SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. AllTheCooks SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY,
INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states
do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and
Services at your own discretion and risk and that you will be
solely responsible for any damages that arise from such use.
UNDER NO CIRCUMSTANCES SHALL ALLTHECOOKS BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER
DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY
NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO
USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES
INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE
NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF
USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT
AllTheCooks HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY
RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR
SERVICES OR WITH AllTheCooks SHALL BE TO TERMINATE USE OF THIS
SITE AND SERVICES. Some states do not allow the exclusion of
liability for incidental or consequential damages, so the
above exclusions may not apply to you.
Statement of Rights and
This Statement of
Rights and Responsibilities ("Statement,"
"Terms," or "SRR") derives from the
AllTheCooks Principles, and is our terms of service that
governs our relationship with users and others who interact
with AllTheCooks. By using or accessing AllTheCooks, you agree to
this Statement, as updated from time to time in accordance
with Section 14 below. Additionally, you will find resources
at the end of this document that help you understand how
Your privacy is
very important to us. We designed our Data Use Policy to make important
disclosures about how you can use AllTheCooks to share with
others and how we collect and can use your content and
information. We encourage you to read the Data Use Policy,
and to use it to help you make informed decisions.
Content and Information
You own all of
the content and information you post on AllTheCooks, and you can
control how it is shared through your privacy. In addition:
that is covered by intellectual property rights, like photos
and videos (IP content), you specifically give us the
following permission, subject to your privacy: you grant us a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license
to use any IP content that you post on or in connection with
AllTheCooks (IP License). This IP License ends when you delete
your IP content or your account unless your content has been
shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar
to emptying the recycle bin on a computer. However, you
understand that removed content may persist in backup copies
for a reasonable period of time (but will not be available to
When you use an application, the
application may ask for your permission to access your
content and information as well as content and information
that others have shared with you. We require applications to
respect your privacy, and your agreement with that
application will control how the application can use, store,
and transfer that content and information.
When you publish content or information
using the Public setting, it means that you are allowing
everyone, including people off of AllTheCooks, to access and use
that information, and to associate it with you (i.e., your
name and profile picture).
We always appreciate your
feedback or other suggestions about AllTheCooks, but you
understand that we may use them without any obligation to
compensate you for them (just as you have no obligation to
We do our best to
keep AllTheCooks safe, but we cannot guarantee it. We need your
help to keep AllTheCooks safe, which includes the following
commitments by you:
You will not post unauthorized
commercial communications (such as spam) on
You will not collect users' content
or information, or otherwise access AllTheCooks, using automated
means (such as harvesting bots, robots, spiders, or scrapers)
without our prior permission.
You will not engage in
unlawful multi-level marketing, such as a pyramid scheme, on
You will not upload viruses or other
You will not solicit login
information or access an account belonging to someone
You will not bully, intimidate, or harass any
You will not post content that: is hate
speech, threatening, or pornographic; incites violence; or
contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application
containing alcohol-related, dating or other mature content
(including advertisements) without appropriate age-based
You will follow our Promotions Guidelines and all applicable laws if
you publicize or offer any contest, giveaway, or sweepstakes
(“promotion”) on AllTheCooks.
You will not use AllTheCooks
to do anything unlawful, misleading, malicious, or
You will not do anything that could
disable, overburden, or impair the proper working or
appearance of AllTheCooks, such as a denial of service attack or
interference with page rendering or other AllTheCooks
You will not facilitate or encourage
any violations of this Statement or our policies.
Registration and Account Security
AllTheCooks users provide their real names and
information, and we need your help to keep it that way. Here
are some commitments you make to us relating to registering
and maintaining the security of your account:
will not provide any false personal information on AllTheCooks,
or create an account for anyone other than yourself without
You will not create more than one
If we disable your account, you
will not create another one without our permission.
You will not use your personal timeline for your own
commercial gain (such as selling your status update to an
You will not use AllTheCooks if you are
You will not use AllTheCooks if you are a
convicted sex offender.
You will keep your contact
information accurate and up-to-date.
You will not
share your password (or in the case of developers, your
secret key), let anyone else access your account, or do
anything else that might jeopardize the security of your
You will not transfer your account
(including any Page or application you administer) to anyone
without first getting our written permission.
select a username or similar identifier for your account or
Page, we reserve the right to remove or reclaim it if we
believe it is appropriate (such as when a trademark owner
complains about a username that does not closely relate to a
user's actual name).
We respect other
people's rights, and expect you to do the same.
You will not post content or take any action on AllTheCooks that
infringes or violates someone else's rights or otherwise
violates the law.
We can remove any content or
information you post on AllTheCooks if we believe that it
violates this Statement or our policies.
repeatedly infringe other people's intellectual property
rights, we will disable your account when
You will not use our copyrights or
trademarks (including AllTheCooks and Recipe Search), or any confusingly similar marks,
except as expressly permitted by our Brand Usage Guidelines
or with our prior written permission.
If you collect
information from users, you will: obtain their consent, make
it clear you (and not AllTheCooks) are the one collecting their
information you collect and how you will use it.
will not post anyone's identification documents or
sensitive financial information on AllTheCooks.
will not tag users or send email invitations to non-users
without their consent. AllTheCooks offers social reporting tools
to enable users to provide feedback about tagging.
Mobile and Other Devices
We currently provide our mobile services for free,
but please be aware that your carrier's normal rates and
fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone
number, you will update your account information on AllTheCooks
within 48 hours to ensure that your messages are not sent to
the person who acquires your old number.
consent and all rights necessary to enable users to sync
(including through an application) their devices with any
information that is visible to them on AllTheCooks.
You give us permission to use and allow
others to use such links and content on AllTheCooks.
You will not place a Social Plugin on any page containing
content that would violate this Statement if posted on
Special Provisions Applicable to
If you download our software, such as a stand-alone
software product or a browser plugin, you agree that from time to
time, the software may download upgrades, updates and additional
features from us in order to improve, enhance and further develop
You will not modify, create derivative
works of, decompile or otherwise attempt to extract source code
from us, unless you are expressly permitted to do so under an
open source license or we give you express written
For changes to sections 7, 8, 9, and 11 (sections relating to
payments, application developers, website operators, and
advertisers), we will give you a minimum of three days notice.
For all other changes we will give you a minimum of seven days
If we make changes to policies
referenced in or incorporated by this Statement, we may provide
notice on the Site Governance Page.
We can make changes
for legal or administrative reasons, or to correct an inaccurate
statement, upon notice without opportunity to comment.
Your continued use of AllTheCooks following changes to our terms
constitutes your acceptance of our amended terms.
If you violate
the letter or spirit of this Statement, or otherwise create risk
or possible legal exposure for us, we can stop providing all or
part of AllTheCooks to you. We will notify you by email or at the
next time you attempt to access your account. You may also delete
your account or disable your application at any time. In all such
cases, this Statement shall terminate, but the following
provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9,
9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12,
11.13, and 15-19.
You will resolve any claim, cause of action or
dispute (claim) you have with us arising out of or relating to
this Statement or AllTheCooks exclusively in a state or federal
court located in Santa Clara County. The laws of the State of
California will govern this Statement, as well as any claim that
might arise between you and us, without regard to conflict of law
provisions. You agree to submit to the personal jurisdiction of
the courts located in Santa Clara County, California for the
purpose of litigating all such claims.
If anyone brings
a claim against us related to your actions, content or
information on AllTheCooks, you will indemnify and hold us harmless
from and against all damages, losses, and expenses of any kind
(including reasonable legal fees and costs) related to such
claim. Although we provide rules for user conduct, we do not
control or direct users' actions on AllTheCooks and are not
responsible for the content or information users transmit or
share on AllTheCooks. We are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable
content or information you may encounter on AllTheCooks. We are not
responsible for the conduct, whether online or offline, or any
user of AllTheCooks.
WE TRY TO KEEP ALLTHECOOKS UP, BUG-FREE,
AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING
ALLTHECOOKS AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ALLTHECOOKS WILL ALWAYS
BE SAFE, SECURE OR ERROR-FREE OR THAT ALLTHECOOKS WILL ALWAYS
FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ALLTHECOOKS
IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA
OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM
YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO
YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THIS STATEMENT OR ALLTHECOOKS, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING
OUT OF THIS STATEMENT OR ALLTHECOOKS WILL NOT EXCEED THE GREATER OF
ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE
PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
SUCH CASES, ALLTHECOOKS'S LIABILITY WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Provisions Applicable to Users Outside the United
States We strive to create a global community with consistent
standards for everyone, but we also strive to respect local
laws. The following provisions apply to users and non-users
who interact with AllTheCooks outside the United States:
You consent to having your personal data transferred
to and processed in the United States.
If you are
located in a country embargoed by the United States, or are
on the U.S. Treasury Department's list of Specially
Designated Nationals you will not engage in commercial
activities on AllTheCooks (such as advertising or payments) or
operate a Platform application or website.
By "AllTheCooks" we mean the features
and services we make available, including through (a) our
website at www.allthecooks.com
and any other AllTheCooks branded or co-branded websites
(including sub-domains, international versions, widgets, and
mobile versions); (b) our Platform; (c) social plugins such
as the Like button, the Share button and other similar
offerings and (d) other media, software (such as a toolbar),
devices, or networks now existing or later
By "Platform" we mean a set of
APIs and services (such as content) that enable others,
including application developers and website operators, to
retrieve data from AllTheCooks or provide data to us.
By "information" we mean facts and other
information about you, including actions taken by users and
non-users who interact with AllTheCooks.
"content" we mean anything you or other users post
on AllTheCooks that would not be included in the definition of
By "data" or "user
data" or "user's data" we mean any data,
including a user's content or information that you or
third parties can retrieve from AllTheCooks or provide to
AllTheCooks through Platform.
By "post" we
mean post on AllTheCooks or otherwise make available by using
By "use" we mean use, copy,
publicly perform or display, distribute, modify, translate,
and create derivative works of.
registered user" we mean a user who has logged into
AllTheCooks at least once in the previous 30 days.
"application" we mean any application or website
that uses or accesses Platform, as well as anything else that
receives or has received data from us. If you no longer
access Platform but have not deleted all data from us, the
term application will apply until you delete the data.
If you are
a resident of or have your principal place of business in the
US or Canada, this Statement is an agreement between you and
AllTheCooks, Inc. Otherwise, this Statement is an agreement
between you and AllTheCooks Ireland Limited. References to “us,”
“we,” and “our” mean either AllTheCooks, Inc. or AllTheCooks
Ireland Limited, as appropriate.
makes up the entire agreement between the parties regarding
AllTheCooks, and supersedes any prior agreements.
any portion of this Statement is found to be unenforceable,
the remaining portion will remain in full force and
If we fail to enforce any of this Statement,
it will not be considered a waiver.
Any amendment to
or waiver of this Statement must be made in writing and
signed by us.
You will not transfer any of your
rights or obligations under this Statement to anyone else
without our consent.
All of our rights and
obligations under this Statement are freely assignable by us
in connection with a merger, acquisition, or sale of assets,
or by operation of law or otherwise.
Nothing in this
Statement shall prevent us from complying with the
This Statement does not confer any third party
We reserve all rights not
expressly granted to you.
You will comply with all
applicable laws when using or accessing
AllTheCooks and you are independent entities, and nothing in
the Terms, or via use of the Site or Services, will create
any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between AllTheCooks
These Terms supersede any previous agreement and represent
the entire agreement between AllTheCooks and you. These Terms
are governed by the laws of the State of California without
reference to conflict of laws principles. If any provision of
the Terms is adjudged to be illegal or unenforceable, the
continuation in full force of the remainder of the Terms will
not be prejudiced, and the illegal or unenforceable provision
of the Terms shall be severed accordingly. Any notices must
be sent to AllTheCooks in English at [email protected]