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Terms of Use

Last updated: August 21, 2017

By using this site or mobile application (collectively, the “Site”), offered by America’s Test Kitchen (“America’s Test Kitchen”) and our related brands, including Cook's Illustrated and Cook's Country (collectively, “ATK”), you agree to all terms, conditions, and notices contained or referenced herein (“Terms of Use”) that apply to your use of ATK products, features and services (collectively, the “Services”).  If you do not agree to the Terms of Use, please do not use the Site. By using the Site and/or Services, you (the “User”) represent that you understand and accept the terms and conditions set forth in the Term of Use.

ATK reserves the right, in its discretion, to update or revise the Terms of Use.  Please check periodically for changes.  Your continued use of the Site and/or Services following the posting of any changes to the Terms of Use constitutes your acceptance of those changes and the Terms of Use as so revised.  If you do not agree to the revised Terms of Use, please discontinue use of the Site and Services.

1. NO UNLAWFUL USE

You may not use the Site or Services for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ATK or others.  Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

2. GENERAL

Only limited Services are available free of charge. To use some of the Services available through ATK’s portal (the “Portal”), you must have a valid email address and register with ATK. To use the majority of the Services, you must enroll by becoming a subscriber for ATK’s paid services.  Only valid subscribers will be granted access to the paid Services.  In the future, ATK may offer new services, products and/or features. Such new products, materials, features and/or services, including any custom work, shall be subject to the terms and conditions of the Terms of Use, as amended.

Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms of Use by reference.  You agree to abide by such other terms and conditions.  If there is a conflict between the Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

You covenant and agree to cooperate promptly, openly and fully with ATK and its agents, attorneys and designees in connection with any investigation regarding any registration or the use of the Site, the Services and any information provided by ATK in connection therewith.

3. REGISTRATION

Each User must register with ATK with a valid email address.  You agree to provide true, accurate and complete information during the registration process and promptly update your information with any changes as they occur.  You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is inaccurate, untrue or incomplete, without limiting any other remedies, ATK has the right to terminate your use of the Services and ATK, its agents, affiliates, attorneys, representatives and partners shall have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize ATK and its agents, affiliates, attorneys, representatives and partners to make any inquiries they consider necessary to validate your registration.

4. PORTAL REGISTRATION; SERVICE SUBSCRIPTION AGREEMENT

Each Subscriber who has entered into a Service Subscription with ATK may access that portion of the Portal in accordance with these Terms of Use.  Service Subscriptions entered into by entities or organizations may provide for employees and/or members to register as a User, subject to the consent of such Subscriber. Employees and/or members who are granted access under an employer’s Service Subscription will be registered as a User under such Subscriber’s rights at the time of Registration.  You will only have access to that portion of the Portal and those paid Services applicable to the Subscriber. Your access will only be valid while you are an active employee of a subscribed entity and/or member in good standing.

5. REGISTERED USER ACCOUNT, PASSWORD AND SECURITY

As part of the registration or account creation process, you will create login credentials by providing an email address and selecting a password. You also have to give us certain registration information, all of which must be accurate and updated.  You must keep your login credentials strictly confidential, you may not allow anyone to use your registration, and you may not access the Site and/or the Services using any other person’s login credentials.  ATK reserves the right to suspend and/or terminate your access at any time in its sole discretion.  ATK shall not be responsible for losses incurred by Users as the result of their misuse of email addresses, passwords or their registration.

6. USER GENERATED CONTRIBUTIONS

ATK may invite you to chat, participate in or comment on blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or via the Site, including without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Services and through third party websites. As such, any Contributions you transmit will be treated as non-confidential and non-proprietary. When you create or make available Contributions, you thereby represent and warrant that:

6.1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret or moral rights of any third party;

6.2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize us, the Site and other users of the Site to use your Contributions;

6.3. you have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use his or her name or likeness to enable inclusion and use of your Contributions in the manner contemplated by the Site;

6.4. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us), do not ridicule, mock, disparage, intimidate or abuse anyone, do not advocate the violent overthrow of any government, do not incite, encourage or threaten physical harm against another, do not violate any applicable law, regulation or rule and do not violate the privacy or publicity rights of any third party;

6.5. your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, and do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

6.6. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

6.7. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

We are not liable for any statement, representation or Contributions provided by you in any area of the Site. Any use of the Site or the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Services. Although there is no obligation to do so, we reserve the right, in our absolute and sole discretion, to delete or edit any Contributions at any time or for any reason without notice. We have no obligation to monitor your Contributions.

7. CONTRIBUTION LICENSE

By posting Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise; (2) prepare derivative works of, or incorporate into other works, such Contributions; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You agree to waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to: (1) edit, redact or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions that are determined to be inappropriate.

8. SERVICE MODIFICATIONS

ATK may from time to time and at any time modify or discontinue, temporarily or permanently, any of or all of the Services with or without notice.  ATK shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service, or any portion thereof.

9. PROPRIETARY RIGHTS

ATK is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, all data, information and reports, which are the sole and exclusive property of ATK with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content, if any.  You acknowledge and agree that the content and materials available on the Site, including without limitation all data, information, survey results, reports, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws and are the sole and exclusive property of ATK and that you have no rights of ownership and may only use the data and information subject to these Terms of Use, subject in all cases to ATK’s right to terminate such license at any time.

Your right to access and use the Services is specific to you and subject to the Service Subscription you have entered into and ATK grants you a non-exclusive license to use the content and materials for which you have subscribed and paid for solely in accordance with these Terms of Use and your Service Subscription. Use of any of the materials for any purpose not expressly permitted in these Terms of Use is prohibited.

10. PRIVACY

The terms of the ATK Privacy Policy govern the collection, use and distribution of information related to you. You may find and access the Privacy Policy here. You must access and acknowledge and accept the Privacy Policy in order to maintain an active registration.  By continuing to access the Site, you agree that you have had an opportunity to read and review our Privacy Policy.

11. DISCLAIMER OF WARRANTIES AND LIABILITY

The data and information available on the Site and through the Services are for informational purposes only.  It is impossible to collect all data and address all situations that may be applicable to all Users or Subscribers.  You acknowledge and agree that due to the dynamic nature of the telecommunications market and the underlying data that you cannot and will not assume that the information through the Services is complete, reliable, or up to date and that ATK may have to alter its processes and analytics based on a myriad of factors that are out of its control.  You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site and the Services before making any decisions based on such data, information, or content.  In exchange for using such data, information, or content, you agree not to hold ATK or any of its content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site or the Services.

ALL DATA, REPORTS, MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR THE SERVICES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  ATK DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES ARE COMPLETELY SECURE.  YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR RISK.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL ATK BE LIABLE FOR ANY DIRECT, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BARROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  Applicable law may not ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES ATK SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.

ATK’S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO ATK, IF ANY, HEREUNDER FOR THE PRIOR TWELVE (12) MONTH PERIOD OR A MAXIMUM OF TEN THOUSAND DOLLARS, WHICHEVER IS GREATER.

You acknowledge that ATK has set its prices and entered into your Service Subscription and permitted your use of the Site and the Services in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in these Terms of Use will survive and apply even if found to have failed of their essential purpose.

12.TERMINATION

ATK reserves the right, in its sole discretion at any time, to terminate, change, suspend or discontinue any aspect of the Site and/or the Services and/or to remove any data, content and materials from the Site, with or without notice.  ATK may restrict, suspend or terminate your access to the Site and/or the Services if ATK believes you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.

13. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and ATK. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.