Terms of Use

Terms of Use

Terms of Use

Welcome to AmateurRecipes. We’re soglad you’re here. Make yourself comfortable and have a good time, but pleasefollow our house rules.

1.Accepting These Terms

This document and the other documents that wereference below make up our house rules, or what we officially call our Termsof Use (the “Terms” for short).

The Terms are a legally binding contractbetween you and AmateurRecipes. If you live in North America or South America,the contract is between you and AmateurRecipes, Inc.; if you live elsewhere,the contract is between you and AmateurRecipes Ireland UC, a subsidiary of AmateurRecipes,Inc. We’ll just refer to AmateurRecipes, Inc. and all of its subsidiariescollectively as “AmateurRecipes.”

Please note that Section 11. Disputes with AmateurRecipes, contains an arbitrationclause and class action waiver. By agreeing to the Terms, you agree to resolveall disputes through binding individual arbitration, which means that you waiveany right to have those disputes decided by a judge or jury, and that you waiveyour right to participate in class actions, class arbitrations, or representativeactions. *

This contract sets out your rights andresponsibilities when you use AmateurRecipes.com, our mobile apps, and theother services provided by AmateurRecipes (we’ll refer to all of thesecollectively as our “Services”), so please read it carefully. By using any ofour Services (even just browsing one of our websites), you’re agreeing to theTerms. If you don’t agree with the Terms, you may not use our Services. Agreewith us? Great, read on!

 

2. Those Other Documents WeMentioned

AmateurRecipes’s Services connectpeople around the world, both online and offline, to make, sell, and buy uniquerecipes and other goods. Here’s a handy guide to help you understand thespecific rules that are relevant for you, depending on how you use the Services:

Our House Rules for Everyone. If youuse any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Our House Rules for Sellers. If you listany items for sale through our Services, these policies apply to you. You canread them here.

Our House Rules for Buyers. If you useour Services to browse or shop, these policies apply to you. You can readthem here.

Our House Rules for ThirdParties. These policies apply to intellectual property ownersAmateurRecipes API usersaffiliates, and anyone requesting informationfrom AmateurRecipes.

Search andAdvertising Ranking Disclosures. This is aconcise summary of how AmateurRecipes organizes search results and advertisingresults that could include Your Content.

 

3. Your Privacy

We know your personal information isimportant to you, so it’s important to us. Our Privacy Policy details how your information isused when you use our Services. By using our Services, you're also agreeingthat we can process your information in the ways set out in the Privacy Policy,so please read it here.

Both AmateurRecipes and sellers processmembers’ personal information (for example, buyer name, email address, andshipping address) and are therefore considered separate and independentdata controllers of buyers’ personal information under EU law. That meansthat each party is responsible for the personal information it processes inproviding the Services. For example, if a seller accidentally discloses abuyer’s name and email address when fulfilling another buyer’s order, theseller, not AmateurRecipes, will be responsible for that unauthorized disclosure. 

If, however, AmateurRecipes and sellersare found to be joint data controllers of buyers’ personal information, and if AmateurRecipesis sued, fined, or otherwise incurs expenses because of something that you didas a joint data controller of buyer personal information, you agree toindemnify AmateurRecipes for the expenses it occurs in connection with yourprocessing of buyer personal information. See Section 9. Indemnification(or What Happens If You Get Us Sued) below for more information aboutyour indemnification obligations to AmateurRecipes.

 

All of these policies are a part of ourTerms, so be sure to read the ones that are relevant for you. Of course, you’llstill want to read the rest of this document because it applies to everyone!

 

4. Your Account with AmateurRecipes

You’ll need to create an account with AmateurRecipesto use some of our Services. Here are a few rules about accounts with AmateurRecipes:

A. You must be18 years or older to use our Services. Minors under 18 and atleast 13 years of age are only permitted to use our Services through an accountowned by a parent or legal guardian with their appropriate permission and undertheir direct supervision. Children under 13 years are not permitted to use AmateurRecipesor the Services. You are responsible for any and all account activity conductedby a minor on your account, and there may be commercial products or servicesavailable that you may want to consider to limit a minor's access to materialonline. For more information, see AmateurRecipes 's Minors Policy.

B. Be honestwith us. Provide accurate information about yourself. It’sprohibited to use false information or impersonate another person or companythrough your account.

C. Choose anappropriate name. If you decide to not have your full nameserve as the name associated with your account, you may not use language thatis offensive, vulgar, infringes someone’s intellectual property rights, orotherwise violates the Terms.

D. You'reresponsible for your account. You’re solely responsible for anyactivity on your account. If you’re sharing an account with other people, thenthe person whose financial information is on the account will ultimately beresponsible for all activity. If you’re registering as a business entity, youpersonally guarantee that you have the authority to agree to the Terms onbehalf of the business. Also, your accounts are not transferable.

E. Protect yourpassword. As we mentioned above, you’re solely responsible for anyactivity on your account, so it’s important to keep your account passwordsecure. Here’s a Help article on howto make your account more secure.

F. Let's beclear about our relationship. These Terms don't create anyagency, partnership, joint venture, employment, or franchisee relationshipbetween you and AmateurRecipes.

This detailed Help article shouldanswer any questions you may have about registering an account with AmateurRecipes.

 

5. Your Content

Content that you post using ourServices is your content (so let’s refer to it as “Your Content”). We don’tmake any claim to it, which includes anything you post using our Services (likeshop names, profile pictures, listing photos, listing descriptions, reviews,comments, videos, usernames, etc.).

A.Responsibility for Your Content. You understand that you aresolely responsible for Your Content. You represent that you have all necessaryrights to Your Content and that you’re not infringing or violating any thirdparty’s rights by posting it.

B. Permissionto Use Your Content. By posting Your Content through our Services, yougrant AmateurRecipes a license to use it. We don’t claim any ownership to YourContent, but we have your permission to use it to help AmateurRecipes functionand grow. That way, we won’t infringe any rights you have in Your Content andwe can help promote it. . For example, you acknowledge and agree AmateurRecipesmay offer you or AmateurRecipes buyers promotions on the Site, from time totime, that may relate to your listings

C. Rights YouGrant AmateurRecipes. (Here’s the legalese version of the lastsection). By posting Your Content, you grant AmateurRecipes a non-exclusive,worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use,display, edit, modify, reproduce, distribute, store, and prepare derivativeworks of Your Content. This allows us to provide the Services and to promote AmateurRecipes,your AmateurRecipes shop, or the Services in general, in any formats andthrough any channels, including across any AmateurRecipes Services, ourpartners, or third-party website or advertising medium. You agree not to assertany moral rights or rights of publicity against us for using Your Content. Youalso recognize our legitimate interest in using it, in accordance with thescope of this license, to the extent Your Content contains any personalinformation.

That sounds like a lot, but it’snecessary for us to keep AmateurRecipes going. Consider these examples: if youupload a photo or video of a recipe on your AmateurRecipes account, we havepermission to display it to buyers, and we can resize or enhance it so it looksgood to a buyer using our mobile app; if you post a description in English, wecan translate it into French so a buyer in Paris can learn the story behindyour item; and if you post a beautiful photo or video of your latest handmadenecklace, we can feature it– often along with your shop name and shop picture–on our homepage, in one of our blogs or even on a billboard to help promoteyour business and AmateurRecipes’s.

D. ReportingUnauthorized Content. AmateurRecipes has great respect forintellectual property rights, and is committed to following appropriate legalprocedures to remove infringing content from the Services. If content that youown or have rights to has been posted to the Services without your permissionand you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged toinfringe another person’s intellectual property, we will take appropriateaction, such as disabling it if we receive proper notice or terminating youraccount if you are found to be a repeat infringer. We’ll notify you if any ofthat happens.

E.Inappropriate, False, or Misleading Content. Thisshould be common sense, but there are certain types of content we don’t wantposted on AmateurRecipes’s Services (for legal reasons or otherwise). You agreethat you will not post any content that is abusive, threatening, defamatory,obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items PolicyCommunity Policy, or any part of our Terms. Youalso agree not to post any content that is false and misleading or uses theServices in a manner that is fraudulent or deceptive.

 

6. Your Use of Our Services

License to UseOur Services. We grant you a limited, non-exclusive, non-transferable,and revocable license to use our Services—subject to the Terms and thefollowing restrictions in particular:

A. Don’t UseOur Services to Break the Law. You agree that you will notviolate any laws in connection with your use of the Services. This includes anylocal, state, federal, and international laws that may apply to you. Forexample, it’s your responsibility to obtain any permits or licenses that yourshop requires, and to meet applicable legal requirements in applicablejurisdiction(s). This includes the sale and delivery of your items, such as ageverification upon delivery, where required by law. You may not sell anything that violates any laws; you mustcomply with our Sanctions Policy, and you maynot engage in fraud (including false claims or infringement notices), theft,anti-competitive conduct, threatening conduct, or any other unlawful acts orcrimes against AmateurRecipes, another AmateurRecipes user, or a third party.

B. Pay YourBills. You are responsible for paying all fees that you owe to AmateurRecipes.Except as set forth below, you are also solely responsible for collectingand/or paying any applicable taxes for any purchases or sales you make throughour Services. For digital items sold to buyers in Australia, Belarus, Chile,the EU, Iceland, India, Indonesia, Japan, Malaysia, Mexico, Moldova, NewZealand, Norway, Quebec (Canada), Russia, Saudi Arabia, Serbia, Singapore,South Africa, South Korea, Switzerland, Taiwan, Turkey, United Arab Emirates orthe United Kingdom. AmateurRecipes will help collect and remit the correctamount of value-added tax or VAT. Some countries may refer to VAT using otherterms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, andany local sales taxes collectively as “VAT.” In addition, AmateurRecipes willcalculate, collect, and remit sales tax where applicable. Please see this FAQ for more information. Yourfees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.

C. Don’t StealOur Stuff. You agree not to crawl, scrape, or spider any page of theServices or to reverse engineer or attempt to obtain the source code of theServices. If you want to use our API, please follow our API Terms of Use.

D. Don’t Try toHarm Our Systems. You agree not to interfere with or try todisrupt our Services, for example by distributing a virus or other harmfulcomputer code.

E. Follow OurTrademark Policy. The name " AmateurRecipes " and theother AmateurRecipes marks, phrases, logos, and designs that we use inconnection with our Services (the AmateurRecipes Trademarks), are trademarks,service marks, or trade dress of AmateurRecipes in the US and other countries.If you’d like to use our trademarks, please follow our Trademark Policy.

F. Share YourIdeas. We love your suggestions and ideas! They can help usimprove your experience and our Services. Any unsolicited ideas or othermaterials you submit to AmateurRecipes (not including Your Content or items yousell through our Services) are considered non-confidential and non-proprietaryto you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable,sub-licensable, perpetual license to use and publish those ideas and materialsfor any purpose, without compensation to you.

G. Talk to UsOnline. From time to time, AmateurRecipes will provide you withcertain legal information in writing. By using our Services, you’re agreeing toour Electronic CommunicationsPolicy, which describes how we provide that information to you. Itsays that we can send you information electronically (such as by email) insteadof mailing you paper copies (it’s better for the environment), and that yourelectronic agreement is the same as your signature on paper.

 

7. Termination

Termination ByYou. We'd hate to see you go, but you may terminate youraccount with AmateurRecipes at any time from your account settings. You canfind more information in this Help article. Terminatingyour account will not affect the availability of some of Your Content that youposted through the Services prior to termination. Oh, and you’ll still have topay any outstanding bills.

Termination By AmateurRecipes. We mayterminate or suspend your account (and any accounts AmateurRecipes determinesare related to your account) and your access to the Services should we havereason to believe you, your Content, or your use of the Services violate ourTerms. If we do so, it’s important to understand that you don’t have acontractual or legal right to continue to use our Services, for example, tosell or buy on our websites or mobile apps. Generally, AmateurRecipes willnotify you that your account has been terminated or suspended, unless you’verepeatedly violated our Terms or we have legal or regulatory reasons preventingus from notifying you.

If you or AmateurRecipes terminate youraccount, you may lose any information associated with your account, includingYour Content.

We MayDiscontinue the Services. AmateurRecipes reserves the rightto change, suspend, or discontinue any of the Services at any time, for anyreason, including those laid out in AmateurRecipes’s policies under these Termsof Use. We will not be liable to you for the effect that any changes to theServices may have on you, including your income or your ability to generaterevenue through the Services.

Survival. The Termswill remain in effect even after your access to the Service is terminated, oryour use of the Service ends.

 

8.Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand thatAmateurRecipes does not manufacture, store, or inspect any of the items soldthrough our Services. We provide the venue; the items in our marketplaces areproduced, listed, and sold directly by independent sellers, so AmateurRecipes cannotand does not make any warranties about their quality, safety, or even theirlegality. Any legal claim related to an item you purchase must be brought directlyagainst the seller of the item. You release AmateurRecipes from any claimsrelated to items sold through our Services, including for defective items,misrepresentations by sellers, or items that caused physical injury (likeproduct liability claims).

Content You Access. You may come acrossmaterials that you find offensive or inappropriate while using our Services. Wemake no representations concerning any content posted by users through theServices. AmateurRecipes is not responsible for the accuracy, copyrightcompliance, legality, or decency of content posted by users that you accessedthrough the Services. You release us from all liability relating to thatcontent.

People You Interact With. You can use theServices to interact with other individuals, either online or in person.However, you understand that we do not screen users of our Services, and yourelease us from all liability relating to your interactions with other users.Please be careful and exercise caution and good judgment in all interactionswith others, especially if you are meeting someone in person. This Help article has some goodadvice about handling in person meetings.

Third-Party Services. Our Services maycontain links to third-party websites or services that we don’t own or control(for example, links to Facebook, Twitter, and Pinterest). You may also need touse a third party’s product or service in order to use some of our Services(like a compatible mobile device to use our mobile apps). When you access thesethird-party services, you do so at your own risk. The third parties may requireyou to accept their own terms of use. AmateurRecipes is not a party to thoseagreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledgethat AmateurRecipes does not make any warranties with respect to your Gift Cardbalance and is not responsible for any unauthorized access to, or alteration,theft, or destruction of a Gift Card or Gift Card code that results from anyaction by you or a third party. You also acknowledge that we may suspend orprohibit use of your Gift Card if your Gift Card or Gift Card code has beenreported lost or stolen, or if we believe your Gift Card balance is being usedsuspiciously, fraudulently, or in an otherwise unauthorized manner. If yourGift Card code stops working, your only remedy is for us to issue you areplacement Gift Card code. By participating in a special offer or promotion,you agree that you may not later claim that the rules of that special offer orpromotion were ambiguous.

WARRANTIES. AMATEURRECIPES IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER AMATEURRECIPES, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL AMATEURRECIPES’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID AMATEURRECIPES IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9.Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if AmateurRecipesgets sued because of something that you did, you agree to defend and indemnifyus. That means you’ll defend AmateurRecipes (including any of our employees)and hold us harmless from any legal claim or demand (including reasonableattorney’s fees) that arises from your actions, your use (or misuse) of ourServices, your breach of the Terms, or you or your account’s infringement ofsomeone else’s rights.

We reserve the right to handle our legaldefense however we see fit, even if you are indemnifying us, in which case youagree to cooperate with us so we can execute our strategy.

10.Disputes with Other Users

If you find yourself in a dispute with anotheruser of AmateurRecipes’s Services or a third party, we encourage you to contactthe other party and try to resolve the dispute amicably.

Case System. Buyers and sellerswho are unable to resolve a dispute related to a transaction on our websites ormobile apps may participate in our case system. You can find details about thecase system in this Help article. AmateurRecipes willattempt to help you resolve disputes in good faith and based solely on ourinterpretation of our policies, in our sole discretion; we will not makejudgments regarding legal issues or claims. AmateurRecipes has no obligation toresolve any disputes.

Release of AmateurRecipes. You release AmateurRecipesfrom any claims, demands, and damages arising out of disputes with other usersor parties.

11.Disputes with AmateurRecipes

We don't accept returns, exchanges, orcancellations. But please contact me if you have any problems with your order.

If you’re upset with us, let us know, andhopefully we can resolve your issue. But if we can’t, then these rules willgovern any legal dispute involving our Services:

A. Governing Law. The Terms aregoverned by the laws of the State of New York, without regard to its conflictof laws rules, and the laws of the United States of America. These laws willapply no matter where in the world you live, but if you live outside of theUnited States, you may be entitled to the protection of the mandatory consumerprotection provisions of your local consumer protection law.

B. Arbitration. You and AmateurRecipesagree that any dispute or claim arising from or relating to the Terms shall befinally settled by final and binding arbitration, using the English language,administered by the American Arbitration Association (the “AAA”) under itsConsumer Arbitration Rules (the "AAA Rules") then in effect (thoserules are deemed to be incorporated by reference into this section, and as ofthe date of these Terms you can find the AAA Rules here), unless otherwiserequired by law. **Arbitration, including threshold questions of arbitrabilityof the dispute, will be handled by a sole arbitrator in accordance with thoserules. Judgment on the arbitration award may be entered in any court that hasjurisdiction.

For EU sellers, if any dispute arises inconnection with the Terms, the parties should first try to resolve the disputethrough the complaints procedure published here. In addition, thedispute may be referred by either party to the Centre for Effective DisputeResolution (“CEDR”) for mediation. The Parties agree to enter into mediation tosettle a good faith dispute and will do so in accordance with the CEDR’smediation procedures. Unless otherwise agreed between the parties within 14days of notice of the dispute, the mediator will be nominated by CEDR. Toinitiate the mediation a party must give notice in writing to the other partyto the dispute, referring the dispute to mediation. A copy of the referralshould be sent to CEDR.

Any arbitration or mediation under the Termswill take place on an individual basis. You understand that by agreeing to theTerms, you and AmateurRecipes are each waiving the right to trial by jury or toparticipate in a class action lawsuit. Class arbitrations shall only beavailable if requested by either party under its Class Action Arbitration Rulesand approved by the arbitration entity. Notwithstanding the foregoing, eachparty shall have the right to bring an action in a court of proper jurisdictionfor injunctive or other equitable or conservatory relief, pending a finaldecision by the arbitrator or mediator. You may instead assert your claim in“small claims” court, but only if your claim qualifies, your claim remains insuch court, and your claim remains on an individual, non-representative, andnon-class basis.

C. Costs of Arbitration. Payment for any andall reasonable AAA filing, administrative, and arbitrator fees will be inaccordance with the Consumer Arbitration Rules, and in the case of CEDR, itsrules. If the value of your claim does not exceed $10,000 USD, AmateurRecipes willpay for the reasonable filing, administrative, and arbitrator fees associatedwith the arbitration, unless the arbitrator finds that either the substance ofyour claim or the relief sought was frivolous or brought for an improperpurpose. For mediation through CEDR, the parties will pay their share ofmediation costs, and under certain conditions such fees may be refundable toyou, depending on the outcome of the mediation.

D. Forum. We’re based in NewYork, so any legal action against AmateurRecipes related to our Services mustbe filed and take place in New York County, New York. For all actions under theAAA Rules, the proceedings may be filed where your residence is, or in NewYork, New York, and any in-person hearings will be conducted at a locationwhich is reasonably convenient to both parties taking into account theirability to travel and other pertinent circumstances. For any actions notsubject to arbitration or mediation, you and AmateurRecipes agree to submit tothe personal jurisdiction of a state or federal court located in New YorkCounty, New York if your contract is with AmateurRecipes, Inc.; if yourcontract is with AmateurRecipes Ireland UC, you and AmateurRecipes agree tosubmit to the personal jurisdiction of the courts of Ireland.

E. Government Exception. If you are agovernment agent or entity in the United States using the Services in yourofficial capacity, and you are legally unable to agree to the clauses in thissection, then those clauses do not apply to you. In that case, the Terms andany action related to the Terms will be governed by the laws of the UnitedStates (without reference to conflict of laws) and, in the absence of federallaw and to the extent permitted under federal law, the laws of the State of NewYork.

F. Modifications. If we make anychanges to this “Disputes with AmateurRecipes” section after the date you lastaccepted the Terms, those changes will not apply to any claims filed in a legalproceeding against AmateurRecipes prior to the date the changes becameeffective. AmateurRecipes will notify you of substantive changes to the“Disputes with AmateurRecipes” section at least 30 days prior to the date thechange will become effective. If you do not agree to the modified terms, youmay send AmateurRecipes a written notification (including email) or close youraccount within those 30 days. By rejecting a modified term or permanentlyclosing your account, you agree to arbitrate any disputes between you and AmateurRecipesin accordance with the provisions of this “Disputes with AmateurRecipes”section as of the date you last accepted the Terms, including any changes madeprior to your rejection. If you reopen your closed account or create a newaccount, you agree to be bound by the current version of the Terms.

12.Changes to the Terms

We may update these Terms from time to time.If we believe that the changes are material, we’ll definitely let you know byposting the changes through the Services and/or sending you an email or messageabout the changes. That way you can decide whether you want to continue usingthe Services. Changes will be effective upon the posting of the changes unlessotherwise specified. You are responsible for reviewing and becoming familiarwith any changes. Your use of the Services following the changes constitutesyour acceptance of the updated Terms.

13.Some Finer Legal Points

The Terms, including all of the policies thatmake up the Terms, supersede any other agreement between you and AmateurRecipesregarding the Services. If any part of the Terms is found to be unenforceable,that part will be limited to the minimum extent necessary so that the Termswill otherwise remain in full force and effect. Our failure to enforce any partof the Terms is not a waiver of our right to later enforce that or any otherpart of the Terms. We may assign any of our rights and obligations under theTerms.

14.Contact Information

If you have any questions about the Terms,please email us at contact@amateurrecipes.com.

*In some countries you may have additionalrights and/or the preceding may not apply to you.