Terms Of Service
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 changes.
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 infringers.
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 Allthecooks works.
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.
- Sharing Your
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:
- For content 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 others).
- 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 Allthecooks.
- 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 Allthecooks.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- 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 restrictions.
- 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 discriminatory.
- 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 functionality.
- 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:
- You will not provide any false personal information on Allthecooks, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- 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 advertiser).
- You will not use Allthecooks if you are under 13.
- 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 account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you
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).
- Protecting Other
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.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- 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.
- You 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.
- You provide
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
- 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 the software.
- 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 permission.
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.
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 developed.
- 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.
- By "content" we mean anything you or other users post on Allthecooks that would not be included in the definition of information.
- 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 Allthecooks.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active 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, LLC References to “us,” “we,” and “our”.
- This Statement makes up the entire agreement between the parties regarding Allthecooks, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- 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 law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Allthecooks.
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 and you.
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] .