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Terms of Service

The terms and conditions below (the "Terms of Service") govern your access to and use of the howcookingworks social network sites, mobile applications, products, and services (collectively, the "social network site"), excluding any services provided to you by howcookingworks under a separate written agreement. The Terms of Service constitute a legal agreement between you and Howcookingworks Corp. You agree to the Terms of Service by accessing or using the Social network site. Do not access or use the Social network site if you are unwilling or unable to be bound by the Terms of Service.

  1. Definitions:
    • A "user" is someone who accesses, browses, scales, floats, hangs, crawls, scrapes, or in any way uses the Social network site. The terms "you" and "your" refer to you, as a user of the Social network site. The terms "we", "us", "our", and "howcookingworks" refer to Howcookingworks Corp., a California corporation.
    • "Content" means text, steaming video or images, images, photos, audio, video, and all other forms of data or communication.
    • "Your Content" means Content that you submit or transmit to or through the social network site, such as classes, courses, recipes, directions, tools, ratings, reviews, invitations, and information that you display as part of your account profile.
    • "User Content" means Content that users submit or transmit to or through the Social network site.
    • "Howcookingworks Content" means Content that we create and make available on the Social network site.
    • "Third Party Content" means Content that is made available on the Social network site by parties other than Howcookingworks or its users, such as data providers who license data to Howcookingworks for use on the Social network site.
    • "Social Network Site Content" means all of the Content that is made available on the Social network site, including Your Content, User Content, Third Party Content, and Howcookingworks Content.
  1. Eligibility:

    You represent and warrant that you have not previously been suspended by howcookingworks or removed from the Social network site; (b) are not a direct competitor of howcookingworks; (c) do not have more than one howcookingworks account at any given time with an existing email address tied to a howcookingworks account; and (d) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.

  1. Translations and Changes to the Terms of Service:

    We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Howcookingworks, and any inconsistencies among the different versions will be resolved in favor of the English version.

    We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Social network site after any posted modification to the Terms of Service indicates your acceptance of the modification.

  1. User Accounts:

    You need to create an account and provide information about yourself in order to use some of the features on the Social network site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:

    • A "Personal Account" is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Social network site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.
    • A "Business Account" is an account to be used solely for the purpose of representing your business on the Social network site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own or create multiple Business Accounts for the same business location.
  1. Use of the Social network site:

    We grant you permission to use the Social network site subject to the restrictions in these Terms of Service. In accessing or using the Social network site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Howcookingworks does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Social network site at your own risk.

  1. Restrictions on Use:

    You agree that you will not, and will not assist or enable others to:

    1. use the Social network site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Social network site;
    2. use the Social network site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
    3. use the Social network site for promotional or commercial purposes, except as expressly allowed in writing by Howcookingworks;
    4. use the Social network site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
    5. use the Social network site for keyword spamming or to otherwise attempt to manipulate natural search results;
    6. use the Social network site to promote bigotry or discrimination against protected classes;
    7. use the Social network site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    8. use the Social network site to submit or transmit pornography or illegal content;
    9. use the Social network site to solicit personal information from minors or to harm or threaten to cause harm to minors;
    10. use the Social network site in violation of the Terms of Service or any applicable law;
    11. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Social network site or Social network site Content (other than Your Content), except as expressly authorized by Howcookingworks;
    12. reverse engineer any portion of the Social network site;
    13. remove or modify any copyright, trademark or other proprietary rights notice on the Social network site or on any materials printed or copied off of the Social network site
    14. record, process, or mine information about other users;
    15. use any robot, spider, social network site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Social network site or any Social network site Content;
    16. access, retrieve or index the Social network site to for purposes of constructing or populating a searchable database of business reviews;
    17. reformat or frame any portion of the Social network site;
    18. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Howcookingworks technology infrastructure;
    19. attempt to gain unauthorized access to the Social network site, user accounts, computer systems or networks connected to the Social network site through hacking, password mining or any other means; use the Social network site or any Social network site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Social network site, or otherwise attempt to interfere with the proper working of the Social network site; make excessive traffic demands; use the Social network site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Social network site or Social network site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Social network site, features that prevent or restrict the use or copying of Social network site Content, or features that enforce limitations on the use of the Social network site.

    The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

  1. Permission to Use Your Content:

    We may use “Your Content” in a number of different ways, including displaying it on the Social network site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own web social network sites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the Social network site's users and the users of any Other Media the right to access Your Content in connection with their use of the Social network site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

  1. Responsibility for Your Content:

    You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Howcookingworks.

    You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

  1. Use of Content:

    We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates any laws. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

    Howcookingworks and its licensees may display advertisements and other information adjacent to or included with Your Content on the Social network site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

  1. Social network site Availability:

    We reserve the right to modify, update, or discontinue the Social network site at our sole discretion, at any time, for any or no reason, and without notice or liability.

  1. Unauthorized Access:

    We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Social network site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

  1. Suggestions and Improvements:

    By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

  1. Termination:
    • We may terminate or suspend your account or ability to use the social network site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the social network site if you misuse the social network site. Any such termination or suspension could prevent you from accessing your account, the social network site, your content, social network site content, or any other related information.
    • You may terminate the Terms of Service at any time by closing your account. If you close your account, we may continue to display Your Content where it implicates other users (e.g., you content that you have sent to other users and comments that you have posted to Howcookingworks).
  1. Ownership:

    We own the howcookingworks content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user click and input actions, and all other elements and components of the social network site excluding “User Content” and “Third Party Content”. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the howcookingworks content and the social network site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the howcookingworks content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the social network site and the howcookingworks content are retained by us.

  1. Warranties, Disclaimers, and Limitations of Liability:
    1. THE SOCIAL NETWORK SITE AND ALL SOCIAL NETWORK SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. HOWCOOKINGWORKS MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SOCIAL NETWORK SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SOCIAL NETWORK SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SOCIAL NETWORK SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SOCIAL NETWORK SITE OR SOCIAL NETWORK SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SOCIAL NETWORK SITE. HOWCOOKINGWORKS FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM HOWCOOKINGWORKS OR THE SOCIAL NETWORK SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    2. HOWCOOKINGWORKS DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF HOWCOOKINGWORKS OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
    3. HOWCOOKINGWORKS FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SOCIAL NETWORK SITE AND SOCIAL NETWORK SITE CONTENT. YOUR USE OF THE SOCIAL NETWORK SITE AND SOCIAL NETWORK SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SOCIAL NETWORK SITE.
    4. HOWCOOKINGWORKS ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SOCIAL NETWORK SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH HOWCOOKINGWORKS RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
    5. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SOCIAL NETWORK SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SOCIAL NETWORK SITE.
    6. HOWCOOKINGWORKS'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO HOWCOOKINGWORKS IN CONNECTION WITH THE SOCIAL NETWORK SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
  1. Indemnity:

    You agree to indemnify and hold Howcookingworks, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Social network site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Howcookingworks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Howcookingworks. Howcookingworks will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Third Parties:

    The Social network site may include links to other web social network sites (each, a "Third Party Social network sites"). We do not control or endorse any Third Party Social network site, and you agree that we are not responsible for the availability or contents of such “Third Party Social network sites”. Some of the services made available through the Social network site are provided in connection with third parties and subject to additional terms.

  1. Miscellaneous:
    • If there is any dispute about or involving the Social network site or Howcookingworks, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Orange County, California.
    • No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.
    • We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Social network site.
    • The Terms of Service contain the entire agreement between you and us regarding the use of the Social network site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
    • Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    • If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
    • The Terms of Service are not assignable, transferable or sublicensable by you except with Howcookingworks's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
    • The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
  1. Contact and Violations:

    Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to support@howcookingworks.com.

  1. Marks:

    Howcookingworks and the howcookingworks logo including the "skillet" symbol are proprietary service marks of howcookingworks Corp.

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