Legal

Terms of Use

Every site has its legalese. This page contains our "Terms of Use Agreement." Before you read the legalese, you might want to first review our plain English guidelines to the Foodista community:

1. A Considerate Community Effort

Foodista is a community effort to create a great resource of recipes, cooking tips and food news. 

2. Helpful Cooking Information

Foodista articles should help people solve their everyday cooking challenges. We believe that profanity, adult content, hate based, recreational drug focused, joke topics, and non-food recipes are inappropriate for Foodista. We reserve the right to delete any material containing such inappropriate material, any universally illegal content, and recipes that pose very high odds of injury or death.

3. Creative Commons Licensed

Foodista licenses all content under a Creative Commons License. This license allows Foodista content to be used freely. Allowing free republication of our content helps achieve Foodista's mission by offering our instructions to the problems of everyday life for free. This license also allows for the creation of derivative works under the same license. We share the contributions of our community members across our website and social media sites (often including our newsletter), thus becoming deeply embedded on the internet; therefore, recipes cannot be deleted unless deemed as inappropriate or low quality. Users may request the cancelation of their profile, but all content will remain intact.

Thank you for reading these site guidelines, and now for the legalese that makes up Foodista's Terms of Use:

Terms of Use Agreement

When you ("You" or "User") use Foodista (Foodista - LLC, Foodista.com and related domains) and its related services ("Site") You agree to the following terms and conditions (the "Agreement"). Foodista ("Foodista" "us" or "we") may at our sole discretion revise these terms from time to time, or at any time, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.
BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.

Disclaimer
Foodista is a collaborative writing project of individuals around the world volunteering to develop an online cooking encyclopedia. We allow ANYONE at any time to write and edit content on this site. Foodista has not been reviewed by trained professionals for its accuracy, reliability, legality or safety of its recipes and content. Neither Foodista, nor the authors, editors, or users of this site can be responsible for Your use of information contained in or linked from this site. Therefore any information on Foodista might be false, vandalized, or just plain wrong. We make no guarantee or warranty that the information in Foodista is accurate, legal, reliable, or safe to practice.  You must independently verify all information you find on Foodista. Use this site at your own risk.

Re-publishing
You may copy, modify, and redistribute Foodista content marked with the Creative Commons License, as long as you meet the the terms of the Creative Commons License. The license allows Foodista content to be used freely. Allowing free republication of our content helps achieve Foodista's mission by offering recipes and cooking information to even more people. In addition, our license allows for the creation of derivative works under the same license.

Our attribution requirements are easily satisfied. For internet re-publishing, a direct link back to the page AND prominent text stating the material came from "Foodista.com – The Cooking Encyclopedia Everyone Can Edit" satisfies our attribution requirement. For offline distribution, prominent attribution to "Foodista.com - The Cooking Encyclopedia Everyone Can Edit" will suffice.

Licensing
While You, the author, will retain copyrights to Your writing, by posting on Foodista, You grant us certain rights and in return we sub-license everything You post under a Creative Commons License. This means that as the author/copyright holder, You are free to use Your content in any manner You choose. You will not be restricted by the terms of this license for the content that You create.
 
When You post information, text, images, video, files, links, software, or other materials ("Content") to the Site, You are granting Foodista, or warranting that the owner of such Content has expressly granted Foodista, a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works therefrom transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and/or to incorporate such Content in other works in any form, media or technology now known or hereafter developed. Among other things, this grant allows Foodista the ability to display commercial advertising on the website. To guarantee that all the work You submit remains free Foodista sub-licenses everything, You must post all of your content under a Creative Commons License.

This Site is Intended to be Used by People Over 13 Years Old
You must be over the age of 13 years old to use this site.  In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Foodista will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.

Guard Your Password
Foodista provides member services that may be accessed by using a password. If You are a member services user ("Member User"), You agree to safeguard the user name and password You use to access this Site. You authorize us to assume that any person using the Site with Your user name and password either is You or is authorized to act for You. You may use member services only while You are a registered user.

Provide Accurate Information
When asked to provide information, You agree that You will provide true, accurate and complete information. You also agree that You will maintain and update such information to maintain its truth, accuracy and completeness. FOODISTA RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE SITE UPON THE DISCOVERY THAT THE INFORMATION YOU PROVIDED IS NOT COMPLETE OR ACCURATE. Please contact us if you need to update your information we have on file.

User Obligations
You agree not to do any of the following while using the Site:
• violate any applicable law, statue, ordinance or regulation;
• post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
• post or transmit any Content that infringes a third party's intellectual property rights, rights of publicity or privacy;
• post or transmit any Content that is unlawful, untrue, harassing, libelous, defamatory, abusive, tortuous, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable;
• access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
• gather and use information, such as other users' user names, real names, email addresses, available from the Site to transmit any unsolicited advertising, "junk mail", "spam", or "chain letters;"
• post false or misleading information about a product or service; or
• impersonate or misrepresent Your affiliation with any person or entity.

Intellectual Property Policy
Foodista respects the intellectual property of others and expects users of the Site to do the same.
Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Foodista's designated agent for notice of alleged copyright infringement appearing on our site can be notified via our normal contact form which is available here, or via regular mail at this address: Barnaby Dorfman 24 Roy St. #210 Seattle, WA 98109.

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://www.loc.gov/copyright/legislation/dmca.pdf (visited January November 16, 2008).

Notices
Foodista will give You any necessary notices by posting them on the Site. You authorize Foodista to send notices via electronic mail as well if Foodista decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.

Links
The Site contains links to other web sites or resources. You acknowledge and agree that Foodista is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.

Your Relationship with Merchants Who Use the Site
Your correspondence with merchants or advertisers found on the Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold Foodista liable for any loss, damage, cost or expense of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

Errors and Disclaimer of Warranties
We do not guarantee that the information provided will be sufficient or appropriate for every individual or situation. Consequently, YOU USE THE SITE AT YOUR OWN RISK. THE INFORMATION PROVIDED MAY NOT BE ACCURATE, WORK FOR YOUR PARTICULAR SITUATION BE SUITABLE OR APPROPRIATE FOR YOU. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION THAT WE PROVIDE.

While we make every effort to provide a sterile server environment, we also do not guarantee that the Site will be error free or that it or the servers that operate it are free of viruses or other harmful components. We urge You to keep backup copies of material, if any, that You maintain on or use with the Site. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.

Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

Foodista ALSO MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS NOR DOES Foodista MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE. Foodista MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Foodista OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity
You agree to defend, indemnify, and hold harmless Foodista, its officers, directors, employees, agents, attorneys, accountants, consultants, and advisors and its Content Providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content or Your violation of this Agreement.

Limitation of Liability
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER Foodista NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. You acknowledge accept and agree that without these limitations, we could not provide low cost and/or free access to the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.

General Provisions
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of Foodista. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of Foodista shall be null and void. This Agreement will be governed by the laws of Washington, U.S.A, without regard to its conflicts of law provisions and venue and jurisdiction shall solely and exclusively be in Seattle, King County. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred. The paragraph headings in this Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Agreement comprises the entire agreement between You and Foodista with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. We suggest that You print out a copy of this Agreement for Your records.