Terms of Service
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. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Revision: June 8, 2012.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Take It Easy Cooking Principles, and is our terms of service that governs our relationship with users and others who interact with Take It Easy Cooking. By using or accessing Take It Easy Cooking, 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 Take It Easy Cooking works.
Privacy of every user like you is very important. We designed our Data Use Policy to make important disclosures about how you can use Take It Easy Cooking 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.
2. Sharing Your Content and Information
You own all of the content and information you post on Take It Easy Cooking, and you can control how it is shared through your privacy and application settings. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (IP content), the following permissions are specifically given by you, subject to your privacy and application settings: 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 Take It Easy Cooking (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.
2. When you use an application, the application may ask for your permission to access your content and information as well as content. 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.
3. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Take It Easy Cooking, to access and use that information, and to associate it with you (i.e. your name and profile picture).
4. Your feedback or other suggestions about Take It Easy Cooking are always appreciated, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We give our best efforts to keep Take It Easy Cooking safe, but we cannot guarantee it. We need your help to keep Take It Easy Cooking safe, which includes the following commitments by you:
1. You will post unauthorized commercial communications (such as spam) on Take It Easy Cooking.
2. You will not collect users' content or information, or otherwise access Take It Easy Cooking, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Take It Easy Cooking.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. 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.
9. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Take It Easy Cooking.
10. You will not use Take It Easy Cooking to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working or appearance of Take It Easy Cooking, such as a denial of service attack or interference with page rendering or other Take It Easy Cooking functionality.
12. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
The users on Take It Easy Cooking provide their real name and information and your help will keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Take It Easy Cooking, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal timeline for your own commercial gain.
5. You will not use Take It Easy Cooking if you are under 13.
6. You will not use Take It Easy Cooking if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. 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.
9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
10. 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).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Take It Easy Cooking that infringes or violates someone else's rights or otherwise violates the law.
2. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks (including Take It Easy Cooking, the Take It Easy Cooking and F Logos, FB, Face, Poke, Book and Wall), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
7. You will not post anyone's identification documents or sensitive financial information on Take It Easy Cooking.
8. You will not tag users or send email invitations to non-users without their consent. Take It Easy Cooking offers social reporting tools to enable users to provide feedback about tagging.
6. Mobile and Other Devices
1. Currently our mobile services are free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on Take It Easy Cooking within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. 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 Take It Easy Cooking.
If you make a payment on Take It Easy Cooking or use Take It Easy Cooking Credits, you agree to our Payments Terms.
8. About Advertisements and Other Commercial Content Served or Enhanced by Take It Easy Cooking
We try to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
1. You can use your privacy to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
2. Your content or information is not given to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
9. Special Provisions Applicable to Advertisers
Your desired audience can be targeted by buying ads on Take It Easy Cooking or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (Order):
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
3. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
4. Your ads will comply with our Advertising Guidelines.
5. The size, placement, and positioning of your ads will be determined by us.
6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
7. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
8. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. The payments of all the ads that run is your responsibility.
9. When we have completed your Order our license to run your ad will end. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
10. We can use your ads and related content and information for marketing or promotional purposes.
11. You will not issue any press release or make public statements about your relationship with Take It Easy Cooking without our prior written permission.
12. Any ad can be rejected or removed for any reason.
13. If you are placing ads on someone else's behalf, you must have permission to place those ads, including the following:
1. You warrant that you have the legal authority to bind the advertiser to this Statement.
2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
10. Special Provisions Applicable to Software
1. 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.
2. 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.
1. This Statement can be changed if we provide you notice (by posting the change on the Take It Easy Cooking Site Governance Page) and an opportunity to comment.
2. For all changes we will give you a minimum of seven days notice. Comments to proposed changes will be made on the Take It Easy Cooking Site Governance Page.
3. If more than 7,000 users post a substantive comment on a particular proposed change and give almost same alternative or agree with our proposed alternatives, this shall be binding on us if 50% of registered users comment from the date of notice.
4. If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
5. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
6. Your continued use of Take It Easy Cooking 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 Take It Easy Cooking 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.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Take It Easy Cooking exclusively in a state or federal court located in Texas. The laws of the State of Texas 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 Houston, Texas for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Take It Easy Cooking, 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 Take It Easy Cooking and are not responsible for the content or information users transmit or share on Take It Easy Cooking. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Take It Easy Cooking. We are not responsible for the conduct, whether online or offline, or any user of Take It Easy Cooking.
3. WE TRY TO KEEP Take It Easy Cooking UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Take It Easy Cooking 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 Take It Easy Cooking WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Take It Easy Cooking WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Take It Easy Cooking 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 Take It Easy Cooking, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Take It Easy Cooking 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, Take It Easy Cooking'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Special 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 Take It Easy Cooking outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. 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 Take It Easy Cooking (such as advertising or payments) or operate a Platform application or web site.
1. By "Take It Easy Cooking" we mean the features and services we make available, including through (a) our website at www.takeiteasycooking.com and any other Take It Easy Cooking branded or co-branded web sites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. 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 Take It Easy Cooking or provide data to us.3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Take It Easy Cooking.
3. By "content" we mean anything you or other users post on Take It Easy Cooking that would not be included in the definition of information.
4. 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 Take It Easy Cooking or provide to Take It Easy Cooking through Platform.
5. By "post" we mean post on Take It Easy Cooking or otherwise make available by using Take It Easy Cooking.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
7. By "active registered user" we mean a user who has logged into Take It Easy Cooking at least once in the previous 30 days.
8. By "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.
1. 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 Avin Computer Systems LLC.
2. This Statement makes up the entire agreement between the parties regarding Take It Easy Cooking, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. 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.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessing Take It Easy Cooking.