Account registration and use
To access and participate in many of What's Cooking’s features you must register for an What's Cooking account (“Account”). To register, you must provide your name, email address, password, biographical information, and other information specified during the Account registration process. You agree to provide us accurate, complete, and current information during registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes. You agree to keep your login information confidential and not to authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use What's Cooking via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at email@example.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell, rent, or otherwise transfer your Account to anyone else and you may not register multiple accounts.
Our Privacy notice sets out how What’s Cooking handles the information you provide when you use the Platform. What's Cooking is committed to ensuring that your privacy is protected and that the personal information we collect from you will only be used in accordance with our Privacy notice.
Ownership and intellectual property
All information, materials, and other content (collectively, the “Content”) provided as a component of the Platform is the sole and exclusive property of What's Cooking or our licensors, including our Content creators. The Content and the Platform are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. The Platform and the Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Platform Terms. Without limiting the generality of the foregoing, all trademarks, service marks, logos, trade dress, trade names, and any other proprietary designations of What's Cooking used herein are trademarks or registered trademarks of What's Cooking, our affiliates, or our suppliers. You may not use any of our trademarks, service marks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in a manner that is likely to cause confusion among customers or users, or in any manner that disparages us, our affiliates, our suppliers, or licensors.
Limited license to use the content and Platform
Subject to the restrictions set out in these Platform Terms, users with active What's Cooking accounts may use the Platform, including viewing Content, for personal, non-commercial uses. You may also download material onto one computer for your personal, non-commercial use only, provided you don‘t delete or change any copyright, trademark, or other proprietary notices. You may not use the Content or Platform for commercial purposes without What's Cooking’s prior written permission. Users with suspended or terminated accounts may not use the Content or Platform (except Your Materials) without written permission from What's Cooking.
Much of the content on the app is created by food content creators. We do not endorse any What's Cooking users or any of their Content. In addition, we do not confirm or attempt to confirm any user’s purported identity or any other information or materials that any such user may make available through What's Cooking, including as Content. You acknowledge and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users and content creators, will be limited to a claim against the particular person or entity who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from What's Cooking with respect to such actions or omissions.
The Platform includes functions allowing you and other users to upload images, content, reviews, comments, and other materials and information (collectively, “Your Materials”). You are responsible for Your Materials. By submitting Your Materials, you represent and warrant that:
You own or otherwise control all of the rights to Your Materials, including copyrights and trademarks; and
Your Materials do not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
WHAT’S COOKING TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY OF YOUR MATERIALS, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER MATERIALS CONTAINED IN YOUR MATERIALS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FROM WHAT’S COOKING FOR YOUR MATERIALS. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST WHAT’S COOKING RELATED TO YOUR MATERIALS, YOU WILL INDEMNIFY AND HOLD WHAT’S COOKING HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Grant of license to use your materials
You hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works, display, and perform Your Materials in connection with the Platform and What's Cooking’s (and our successors‘ and affiliates‘) business, including for the purpose of promoting and redistributing all or any part of the Platform. You also grant other users of the Platform a worldwide, non-exclusive, royalty-free license to access and use Your Materials as permitted by features of the Platform, solely in connection with such users’ use of the Platform. The term of the licenses granted in this paragraph will continue for a commercially reasonable period of time after you remove or delete Your Materials from the Platform provided that we will have the right to retain (but not display, distribute, or perform) copies of Your Materials that have been removed or deleted from the Platform.
By submitting any ideas, feedback, or suggestions regarding the Platform (“Feedback”) to us through the Platform or by any other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.
DMCA copyright notice and takedown policy
If you are a copyright owner and you believe your work has been copied and used improperly on the Platform, please contact us at:
Attn: Legal - Trademarks The Kraft Heinz Company 1 PPG Pl. Suite 3400 412-456-5700 firstname.lastname@example.org
Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (i) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) description of the work you claim has been infringed and the description and location of the alleged infringement with respect to the Platform; (iii) your contact information including address, telephone number and email address; (iv) a written statement that you have a good faith belief the accused usage is infringing; and (v) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Platform is infringing, we suggest that you contact an attorney prior to sending notice.
Except for the limited rights set forth above in the LIMITED LICENSE TO USE THE CONTENT AND PLATFORM section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party any portion of the Platform or the Content. When using the Platform, you must not:
remove any proprietary notices on the Platform or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Platform or Content;
infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
make any use of the Platform or Content that violates any applicable local, state, national, international or foreign law;
provide any content, data or information to What's Cooking that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution or other disclosure of the Platform or Content;
allow any individual to use any account login credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, What's Cooking for someone other than the individual identified in the account information;
upload to the Platform or otherwise provide to use the personal information of others that you are not authorized to provide;
use the Platform or Content to develop applications, services, websites, or any other functionalities that leverage the Platform or Content;
grant access to the Content or Platform, or any part thereof, to any third party in a manner that violates these Platform Terms;
use the Platform or Content in a way that suggests you are a representative of What's Cooking;
circumvent the user authentication or security of the Platform or any host, network, or account related thereto;
interfere with or disrupt the proper functioning of the Platform, any third-party systems used to host the Platform, or other equipment or networks used to provide the Platform; or
cause damage to What's Cooking’s business, reputation, employees, members, facilities, or to any other person or legal entity.
In addition to the foregoing, any scraping, automated access, or other unauthorized access to, and storage of, Platform or Content will result in immediate termination of your access to the Platform.
Information about health & wellness
Information accessible on What's Cooking is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on What's Cooking.
Limitation of Liability
This section is very important, so please read it carefully. In fact, this section is so important that we are required by certain laws to provide this language to you in all capital letters.
WHAT’S COOKING WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS CONTENT AND/OR PLATFORM. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE;
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE;
FAILURE OF PERFORMANCE;
DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS, MALWARE, OR HARMFUL COMPONENTS; OR
FURTHER, WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); AND
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").
FURTHER, WE ARE NOT LIABLE EVEN IF WE‘VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES-OR BOTH.
EXCEPTION: IN CERTAIN STATES, PROVINCES, AND/OR COUNTRIES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY‘RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, OR THEY‘RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.
Disclaimer of warranties
The Content and Platform are provided on an as-is and as-available basis. This means that (subject to the exception below) What's Cooking disclaims all express and implied warranties about the Content and Platform. This includes (but is not limited to) warranties:
That the Content and Platform are of any particular level of quality or fit for a particular purpose;
That the functional elements contained in the Content and Platform will be uninterrupted or error-free;
That the Platform or the servers that make the Platform available are free of viruses or other harmful components;
That the Content on What's Cooking is correct, accurate, up-to-date, or reliable;
That successful results or outcomes will result from properly following any instructions, directions or recipes contained in the Content. (We think our recipes are great, but we have no control over conditions in your particular kitchen or household that we don‘t know about)
In addition to the above, you (and not What's Cooking) assume the entire cost of all necessary servicing, repair or correction which may be required as a result of your use of the Content and/or Platform.
We sometimes provide access to other World Wide Web sites from the Platform. But we don‘t endorse or approve any products or information offered at sites you reach through the Platform. Check the Uniform Resource Locator (URL) address provided in your web browser to see if you are still in on the Platform or have moved to another site.
Unless otherwise specified, the materials in our sites are presented to provide information about What's Cooking and its products and services. We in no way imply that the materials on the Platform are appropriate or available for use outside of the United States and Canada. If you use our sites from locations outside of the United States and Canada, you are responsible for compliance with any applicable local laws.
Termination of this agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all Content obtained from What's Cooking, along with all related documentation and all copies and installations of the Platform. What's Cooking may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of the Platform Terms. Upon termination, you must destroy all Content in your possession (except Your Materials). What's Cooking is entitled to terminate all or part of any of the Platform, including removing Content, at any time, without notice to you.
Miscellaneous points about this user agreement
This agreement shall be governed by and interpreted according to the laws of the State of Illinois in the United States as applicable (without applying conflict-of-law principles).If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.What's Cooking may modify this agreement at any time (and without notice to you) by updating this posting. Where permitted under applicable law, modifications to the Platform Terms will take effect upon posting to the Platform. The Platform Terms, constitute the entire agreement regarding all the matters discussed in the preceding paragraphs.
For quick reference and questions about products or service issues please email us at email@example.com.