Terms of Service

Thank you for using KitchenPocket.

KitchenPocket is provided by Whizcamp, LLC. ("KitchenPocket"). By using KitchenPocket products, software, services, or websites (the "Services"), you agree to the following terms and conditions, as they may be amended by KitchenPocket from time to time in its sole discretion (the "Terms of Use").

In addition, when using particular Services, additional terms or product requirements may apply. Additional terms and conditions will be made available with the relevant Services, and those additional terms and conditions are incorporated into the Terms of Use by reference if you use those Services.

KitchenPocket will post a notice on its web site any time these Terms of Use have been changed or otherwise updated. You will be able to find the most current version of these Terms of Use at https://kitchepocket.com/conditions-of-use. It is your responsibility to review the Terms of Use periodically; and, if at any time you find the Terms of Use unacceptable, you must immediately cease all use of the Services. Your continued use of the Services following the posting of the changes will mean that you accept and agree to the changes.

If you are using the Services on behalf of a business, that business also agrees to be bound by the Terms of Use.

PRIVACY POLICY

KitchenPocket's privacy policy explains how we treat your personal data and protect your privacy when you use our Services. KitchenPocket's privacy policy is incorporated into the Terms of Use by this reference. KitchenPocket's current privacy policy is located at https://kitchepocket.com/privacy-policy.

SERVICES ELIGIBILITY

KitchenPocket offers the Services to you provided that you meet the following criteria and represent and warrant that you:

• are 18 years of age or older and that you are legally able to enter into this agreement;
• have provided true, accurate, current, and complete information about yourself;
• will maintain and promptly update your information to keep it true, accurate, current, and complete;
• are not currently restricted from the Services, or not otherwise prohibited from having an account with KitchenPocket;
• are not a competitor of KitchenPocket or using the Services for reasons that are in competition with KitchenPocket;
• have full power and authority to enter into the Terms of Use and doing so will not violate any other agreement to which you are a party; and
• will comply with the terms and conditions of the Terms of Use.

PASSWORD AND SECURITY

You may need an account with KitchenPocket to use some Services. If you are assigned an account, you are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify KitchenPocket of any unauthorized use of your password or account or any other breach of security. KitchenPocket cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

USING THE SERVICES

Use of Software and Services

KitchenPocket may make certain software, including without limitation all files and images contained in or generated by the software, and accompanying data (collectively "Software") available to you as part of the Services. Subject to the terms and conditions of these Terms of Use, KitchenPocket gives you a limited, non-assignable, and non-exclusive license to use the Software for your own purposes only. KitchenPocket does not transfer either the title or the intellectual property rights to the Services or Software, and KitchenPocket retains full and complete title to the Services and Software as well as all intellectual property rights therein.

KitchenPocket Content

All information or other content contained in the Services (collectively "KitchenPocket Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such KitchenPocket Content, is owned, controlled or licensed by or to KitchenPocket, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Services or KitchenPocket Content may be copied, posted, uploaded, displayed, performed, transmitted, or used in any manner without KitchenPocket's prior written consent

User Content

You retain ownership of any User Content that you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Service, you are granting KitchenPocket, its affiliates, and their respective officers, directors, employees, consultants, agents, and representatives a perpetual, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, analyze, create derivative works (such as those resulting from translations, adaptations or other changes made so that the User Content works better with the Services), communicate, publish, publicly perform, publicly display and distribute such User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new services. This license continues even if you stop using the Services. You will not be compensated for any User Content. You agree that KitchenPocket may publish or otherwise disclose your name in connection with your User Content. By posting the User Content on the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the User Content.

Compliance with Laws

When accessing or using the Services, you agree to comply with all applicable federal, state and local laws, rules and regulations ("Applicable Laws"), including, without limitation, any Applicable Laws with respect to the patent, copyright, trademark, and intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any Applicable Laws, including, without limitation, any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any Applicable Laws including any infringements of any third party rights caused by any access or use of the Services, or any User Content provided or transmitted by you or your account. The burden of proving that any User Content does not violate any Applicable Laws or third party rights rests solely with you.

Inappropriate Content

You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) infringes a third party's intellectual property rights; (b) is libelous, defamatory, obscene, pornographic, abusive, threatening, or otherwise unlawful or tortious; (c) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (d) could damage KitchenPocket or its affiliates. KitchenPocket reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from the Services and its servers. KitchenPocket intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms of Use or of any Applicable Laws.

Prohibited Uses

KitchenPocket imposes certain restrictions on your permissible use of the Services. You are prohibited from misusing the Services or violating or attempting to violate any security features of the Services, including, without limitation:

• any unauthorized copying, redistribution, publication, or retransmission of any portion of the Software or Services, or making the Software or Services available to anyone other than an authorized user;
• selling, reselling, renting or leasing the Services;
• attempting to reverse engineer or to extract the source code of the Services, or attempting to create derivative works based upon all or part of the Services;
• accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of the services, or any associated system or network, or to breach security or authentication measures without proper authorization;
• interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or harmful code to the Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
• uploading, posting, emailing, transmitting or otherwise making available any unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
• forging any TCP/IP packet header or any part of the header information in any e-mail or any posting using the Services;
• falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the software or other material contained in a file that is uploaded;
• violating any code of conduct, policies, procedures, or other guidelines that may be applicable for any particular Service; and
• harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.

Any violation of system or network security may subject you to civil and/or criminal liability.

Contributions

In your communications with KitchenPocket, please keep in mind that KitchenPocket does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to KitchenPocket any creative or original materials, such as ideas for software products, web sites, toys, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to KitchenPocket, you acknowledge and agree that:

• your Contributions do not contain confidential or proprietary information;
• KitchenPocket is not under any obligation of confidentiality, express or implied, with respect to the Contributions
• KitchenPocket shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
• KitchenPocket may have something similar to the Contributions already under consideration or in development;
• your Contributions automatically become the property of KitchenPocket without any obligation of KitchenPocket to you; and
• you are not entitled to any compensation or reimbursement of any kind from KitchenPocket under any circumstances.

NOTICE OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

KitchenPocket has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on with the Services. KitchenPocket has adopted a policy that provides immediate suspension and/or termination of any Service user who is found to have infringed on the rights of the Company or a third party, or otherwise violated any intellectual property laws or regulations. KitchenPocket's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want KitchenPocket to delete, edit, or disable the material in question, you must provide KitchenPocket with all of the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located in the Services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

KitchenPocket's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

ALLEGED VIOLATIONS

KitchenPocket reserves the right to terminate your use of the Services at any time. To ensure that KitchenPocket provides a high quality experience for you and for other users of the Services, you agree that KitchenPocket or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. KitchenPocket does not intend to disclose the existence or occurrence of such an investigation unless required by law, but KitchenPocket reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if KitchenPocket believes that you have violated any of the Terms of Use, furnished KitchenPocket with false or misleading information, or interfered with use of the Services by others.

AFFILIATED SITES

KitchenPocket has no control over, and no liability for any third party websites or materials. KitchenPocket works with a number of partners and affiliates whose Internet sites may be linked with the Services. Because KitchenPocket does not have control over the content and performance of these partner and affiliate sites, KitchenPocket makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and KitchenPocket assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Services you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that KitchenPocket makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, the Terms of Use shall govern your use of any and all third party content.

NO WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, KITCHEPOCKET MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES WILL BE COMPLETE, RELIABLE, CURRENT, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITED LIABILITY

KITCHEPOCKET'S LIABILITY TO YOU IS LIMITED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KITCHEPOCKET IS TO DISCONTINUE YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KITCHEPOCKET, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT KITCHEPOCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

INDEMNITY

You, and any business you represent, agree to indemnify, defend, and hold harmless KitchenPocket, its affiliates, and their respective officers, directors, employees, consultants, agents, and representatives ("Indemnified Parties") from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Services, (b) User Content you submit, post, transmit, modify, or otherwise make available through the Services, (c) your violation of the Terms of Use, or (d) your violation of any rights of another.

GENERAL

Entire Agreement

The Terms of Use make up the entire agreement between the parties regarding the Services, and supersede any prior agreements or prior versions of the Terms of Use.

Governing Law

The Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the state of California.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in the Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of the Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Assignment

You may not transfer any of your rights or obligations under the Terms of Use to anyone else without the prior written consent of KitchenPocket.

No License

Nothing contained in the Services should be understood as granting you a license to any of the trademarks, service marks, or logos owned by KitchenPocket or by any third party.

Survival

The following sections shall survive any termination of the Terms of Use: "No Warranties," "Limited Liability," "Indemnity," and "General."

No Third Party Rights

The Terms of Use control the relationship between KitchenPocket and you. They do not create any third party beneficiary rights.

Modifications

KitchenPocket may, in its sole discretion, with or without prior notice, (a) revise the Terms of Use; (b) modify the Services; and (c) discontinue, temporarily or permanently, the Services (or any part thereof) at any time. You agree that KitchenPocket shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any part thereof). You also agree to review the Terms of Use periodically to be aware of any revisions; and that, by continuing to use or access the Services following any revision, you shall abide by any such revision.

Acknowledgement

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE TO BE BOUND BY THEM.