Date of Last Revision: December 28, 2012

Terms of Service

This Terms of Service Agreement governs our relationship with users and others who interact ItsMyKitchen.com ("ItsMyKitchen", "IMK", "we", "us", "our"). By using or accessing ItsMyKitchen, you agree to the terms and conditions set forth in this Agreement, as updated from time to time in accordance with Amendments Section below.

Privacy

Your privacy is very important to us. We encourage you to read our Privacy Policy which is incorporated into this Agreement by this reference so that it can help you make informed decisions.

Safety

While we try to keep ItsMyKitchen safe for all users, we cannot guarantee it. As a user of ItsMyKitchen, you agree to the following:

1. You will not attempt to upload viruses or other malicious code.
2. You will not solicit login information or access an account belonging to someone else who is not a member of your household or without their consent.
3. You will not bully, intimidate, or harass any user.
4. You will not upload, post, email or otherwise transmit any postings or other material that is: unlawful, harmful, hate speech, threatening, harassing, abusive, defamatory, obscene, vulgar, invasive, libelous of another's privacy, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; otherwise objecitionable (in our sole descretion).
5. You will not use ItsMyKitchen to do anything unlawful, misleading, malicious, or discriminatory.
6. You will not do anything that could disable, overburden, or impair the proper working or appearance of ItsMyKitchen, such as a denial of service attack or interference with page rendering or other functionality.
7. You will not intentionally or unintentionally violate any applicable local, state, or national or international law, including, but not limited to, any regulations having the force of law.
8. You will not facilitate or encourage any violations of this Agreement or our policies.
9. You accept complete responsibility for maintaining the confidentiality of your password and user account information.
10. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information.
11. You accept complete responsibility for the recipes, store items, stores and all other information entered into your ItsMyKitchen.com account, including any fraudulent data, information deemed unhealthy for human consumption, or illegal products, stores or recipes entered into your account.
12. ItsMyKitchen gives no advice to nutritional information entered into your account.

Registration and Account Security

ItsMyKitchen 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:

1. You will not provide any false personal information on ItsMyKitchen.
2. You will not create an account for anyone other than yourself without permission.
3. You will not create more than one personal account.
4. If we disable your account, you will not create another one without our permission.
5. If we disable your account for any reason (including per your request to do so), we may retain any content that was entered for this account.
6. If we remove your account for any reason (including per your request to do so), we provide no guarantee that any content entered for this account will be retained.
7. You will not use ItsMyKitchen if you are under 13 years old.
8. You will not use ItsMyKitchen if you are a convicted sex offender.
9. You will keep your contact information accurate and up-to-date.
10. You will not share your password or let anyone else access your account unless they are an approved member of your household.
11. You will not do anything that might jeopardize the security of your account.
12. You will not transfer your account to anyone without first getting our written permission.
13. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate to do so.

Sharing Your Content and Information

You own all of the content and information you post on ItsMyKitchen. In addition:

1. When you delete content, it is immediately removed from our site. However, removed content may persist in backup copies for a reasonable period of time.
2. We appreciate your feedback or other suggestions about ItsMyKitchen. Please understand that we may use them without any obligation to compensate you for them.

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 perform any action on ItsMyKitchen that infringes or violates someone else's rights or otherwise violates the law.
2. We reserve the right to remove any content or information you post on ItsMyKitchen if we believe that it violates this Aggrement or our policies.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we reserve the right to disable your account at our discretion.
5. You will not use our copyrights or any confusingly similar marks without our prior written permission.
6. If you collect information from users, you will: obtain their consent, make it clear you (and not ItsMyKitchen) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
7. You will not send email invitations to non-users without their consent.
8. You acknowledge that ItsMyKitchen.com contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and /or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such content.

Mobile and Other Devices

1. We provide access to ItsMyKitchen on mobile devices for free, but please be aware that your carrier's normal rates and fees will still apply.

Amendments

1. We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time.
2. You should check this Agreement periodically for changes. By using ItsMyKitchen after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them.
3. If you do not agree to this Agreement, you should not use ItsMyKitchen and you should request to cancel your registered user account or subscription with us, as applicable.

Termination

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of ItsMyKitchen to you. We will notify you by email or at the next time you attempt to access your account. You may also request that we delete or disable your account at any time.

Disputes

1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Agreement or ItsMyKitchen.com exclusively in a state or federal court located in Desoto County. The laws of the State of Mississippi will govern this Agreement, 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 Desoto County, Mississippi for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on ItsMyKitchen.com, 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 ItsMyKitchen and are not responsible for the content or information users post, transmit, or share on ItsMyKitchen. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ItsMyKitchen. We are not responsible for the conduct, whether online or offline, of any user of ItsMyKitchen.
3. WE TRY TO KEEP ItsMyKitchen.com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ItsMyKitchen.com 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 ItsMyKitchen.com WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ItsMyKitchen.com WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ItsMyKitchen.com 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. 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 AGREEMENT OR ItsMyKitchen.com, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, ItsMyKitchen.com's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States

We strive to provide an application that can be used by users that reside in other countries, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with ItsMyKitchen.com outside the United States:

1. You consent to having your personal data transferred to and processed in the United States.
2. All content and features on ItsMyKitchen.com is provided using only the English (US) language.

Definitions

1. By "ItsMyKitchen" we mean the features and services we make available, including through (a) our website at www.itsmykitchen.com and any other ItsMyKitchen.com branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform and (c) other media, software, devices, or networks now existing or later developed.
2. By "Platform" we mean a set of APIs and/or services (such as content) that enable others, including application developers and website operators, to retrieve data from ItsMyKitchen.com 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 ItsMyKitchen.
4. By "content" we mean anything you or other users post on ItsMyKitchen that would not be included in the definition of information.
5. 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 ItsMyKitchen or provide to ItsMyKitchen through our Platform.
6. By "post" we mean post on ItsMyKitchen or otherwise make available by using ItsMyKitchen.
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into ItsMyKitchen.com at least once in the previous 30 days.
9. By "application" we mean any application or website that uses or accesses our Platform, as well as anything else that receives or has received data from us. If you no longer access our Platform but have not deleted all data from us, the term application will apply until you delete the data.

Other

1. This Agreement is between you and ItsMyKitchen.com. References to "us," "we," and "our" mean ItsMyKitchen.com.
2. This Agreement makes up the entire agreement between the parties regarding ItsMyKitchen.com, and supersedes any prior agreements.
3. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Agreement, it will not be considered a waiver.
5. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
7. All of our rights and obligations under this Agreement 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 Agreement shall prevent us from complying with the law.
9. This Agreement 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 ItsMyKitchen.com.