Terms of Use

Policy Effective Date: Updated June 1, 2019

Thank you for using Cooklist!

These Terms of Use (”Terms”) govern your use of Cooklist and provide information about the Cooklist Services, outlined below. When you create a Cooklist account or use Cooklist, you agree to these terms.

These Terms of Use apply to all users of Cooklist’s website as published at www.cooklist.co (and any other websites with "Cooklist" branding that link to this Privacy Policy), and any mobile-device applications we offer, such our iOS and Android applications, that are branded "Cooklist" and link or reference this Terms of Use (collectively, the "Service").

For the purpose of these Terms, a User is an individual who uses our Service.

A Summary of Our Terms:

  1. Our Service
  2. Using Cooklist
  3. Your Content
  4. Additional Rights We Retain
  5. Security
  6. Third Party Links, Sites, and Services
  7. Location Data
  8. Ratings and Reviews
  9. Music Guidelines
  10. Fees and Payments
  11. Force Majeure
  12. Termination
  13. Our Agreement and Disagreement
  14. Notice Regarding Apple
  15. Changes and Updates to These Terms

1. Our Service

Subject to these Terms, we agree to provide you with the Cooklist Service. The Service includes all of the Cooklist products, features, applications, technologies and software that we provide to advance Cooklist’s mission: To help you eat intelligently.

Cooklist helps you discover recipes you can cook and buy the groceries you need. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests.

The Service is made up of the following aspects:

Offering personalized opportunities to create, connect, communicate, discover, and share.

People are different, and so are the things we eat. We want to strengthen your relationship with food through personalized experiences you actually care about. So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, cook, and share in experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience Cooklist, based on things you and others do on and off Cooklist.

Fostering a positive, inclusive, and safe environment.

We develop and use tools and offer resources to our users that help make their experiences positive and inclusive, including when we think they might need help. We have systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement. Learn more in the Privacy Policy.

Developing and using technologies that help us consistently serve our growing community.

Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.

Connecting you with brands, products, and services in ways you care about.

We may use data from Cooklist, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Cooklist.

Research and innovation.

We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

2. Using Cooklist

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who can use Cooklist.

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community.

  • You must be able to form a legally binding contract with Cooklist and be in compliance with these Terms and all applicable laws.
  • You must be at least 13 years old.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

How you can't use Cooklist.

Providing a safe and open Service for a broad community requires that we all do our part.

  • You don't have to disclose your identity on Cooklist, but you must provide us with accurate and up to date information (including registration information). This includes not impersonating someone you aren't. You can't create an account for someone else unless you have their express permission.
  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can't violate (or help or encourage others to violate) these Terms or our policies.
  • You can't do anything to interfere with or impair the intended operation of the Service.
  • You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
  • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
  • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. You can report content that you think infringes intellectual property rights to hello@cooklist.co.
  • You can't use a domain name or URL in your username without our prior written consent.
  • You can’t use Cooklist if it would be prohibited by U.S. sanctions.

3. Your Content

Anything that you post or otherwise make available on Cooklist (like photos, videos, music, or directions) is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Cooklist.

You grant us a license to use your User Content.

You grant Cooklist and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content. Nothing in these Terms restricts other legal rights Cooklist may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Cooklist, for any reason.

You grant us permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Service, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Cooklist. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your settings.

How long we keep your content.

Following termination or deactivation of your account, or if you remove any User Content from Cooklist, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Cooklist and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Cooklist.

Feedback you provide.

We value hearing from our users, and are always interested in learning about ways we can make Cooklist better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Cooklist doesn’t waive any rights to use similar or related feedback previously known to Cooklist, or developed by its employees, or obtained from sources other than you.

4. Additional Rights We Retain

As part of our agreement, you also give us these permissions that we need to provide the Service.

  • Using Cooklist may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
  • You can only use our intellectual property and trademarks or similar marks with our prior written permission.
  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

5. Security

We care about the security of our users. While we work to protect the security of your content and account, Cooklist can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

6. Third Party Links, Sites, and Services

Cooklist may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Cooklist. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Cooklist, you do so at your own risk and you agree that Cooklist has no liability arising from your use of or access to any third party website, service, or content.

Cooklist may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on Cooklist with an account on the third party service. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service.

7. Location Data

Some features of the Service enable us to tailor your experience on the Service based on your location. If you decline to provide location information, or in our judgment, we cannot verify your location, you will be unable to utilize some or all features of the Service.

8. Ratings and Reviews

Ratings and reviews posted by Users on our Service are User Content that is not endorsed by Cooklist and does not represent the views of Cooklist. Cooklist does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Service, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable recipe, author, user, business, product, or service; (ii) you will not provide a rating or review for any recipe, author, user, business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with these Terms. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.

9. Music Guidelines

You are solely responsible for the content that you post, including any music that features in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music in our of our Service.

If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized.

Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.

10. Fees and Payments

We may charge fees for the use of certain portions or aspects of our Service. Fees are subject to change at any time. You agree that we may charge fees to your credit card or other payment account for such Services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans that may be required to use the mobile features of the Service, and you are responsible for the payment of those charges and rates.

Certain distribution options may be provided by licensed money transmitters authorized by Cooklist to operate in connection with the Service (e.g., PayPal, Inc.) (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to distribute money through an Authorized Money Transmitter, you further agree (i) that Cooklist is acting as your agent with respect to the payment processing and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.

11. Force Majeure

Cooklist shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

12. Termination

Cooklist may terminate or suspend your right to access or use Cooklist for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you continue to be bound by Sections 3 and 12 of these Terms.

13. Our Agreement and Disagreement

Our Agreement

  • If any aspect of this agreement is unenforceable, the rest will remain in effect.
  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
  • We reserve all rights not expressly granted to you.

Who has rights under this agreement.

  • This agreement does not give rights to any third parties.
  • You cannot transfer your rights or obligations under this agreement without our consent.
  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who is responsible if something happens.

  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
  • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

How we handle disputes.

  • Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Cooklist ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Cooklist users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
  • Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
    The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, or email address you use for your Cooklist account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Cooklist Inc. ATTN: Cooklist Arbitration Opt-out, 8631 Angora St, Dallas, TX 75218.
  • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, or email address you use for your Cooklist account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Cooklist Inc. ATTN: Cooklist Arbitration Opt-out, 8631 Angora St, Dallas, TX 75218. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Cooklist account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
  • We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $10,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
  • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Texas or a state court located in Dallas County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
  • The laws of the State of Texas, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

14. Notice Regarding Apple

Notice Regarding Apple. This only applies to the extent you are using our mobile application on an iOS device.

You acknowledge that these Terms are between you and Cooklist only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

15. Changes and Updates to These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, please contact us by email at hello@Cooklist.co or by mail at:

Cooklist Inc.

ATTN: Privacy Operations

8631 Angora St

Dallas, TX 75218