Terms of Service and Use

Introduction

IMPORTANT - PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE “ALL THE FLAVORS” COMMUNITY.

From time to time, All The Flavors LLC ("ATF") may elect to provide an online community and tools, such as online message boards, newsgroups, chat rooms, Wikis, blogs, recipes, ingredient calculators, ingredient databases, comments, vendor lists, ingredient databases, links, ratings, images, reviews and/or other interactive forums and electronic tools (collectively "Community") that can be accessed and contributed to by certain registered users, and un-unregistered users of All The Flavors website, its products and services. This Community provides opportunities to interact with your peers in order to share knowledge, news, user generated content, and information about topics related to various recipes, formulas and ingredients shared in the All The Flavors community, and its products and services.

Your use of this Community is voluntary and is governed by your agreements with ATF, All The Flavors’ Legal Notices and Terms of Use, All The Flavors’ Privacy Policy, including the express disclaimers of liability posted in these documents, and these Terms and Conditions ("Terms").

All The Flavors reserves the right to modify or update these Terms at any time and from time to time, for any reason or no reason and with or without notice to you. These Terms govern your use of, access to and participation in any part of the Community. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR PARTICIPATING IN ANY PART OF THE COMMUNITY, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR, ACCEPT AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU PLAN TO USE THE COMMUNITY AND (II) AGREE TO BE BOUND BY ALL OF THESE TERMS, INCLUDING FOR EXAMPLE, THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW, TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS.

Rules of Conduct

User Representations

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify All The Flavors of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. All The Flavors cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account.

User Generated Content

“User Content” means any and all information and content that a user submits to, or uses with, the Community, Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings, recipes, ingredient concentrations, flavorings, ingredients, mixtures, methods, descriptions, active ingredients and effects. You acknowledge and agree that All The Flavors is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All The Flavors does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.

User Content - Your Responsibilities

You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by All The Flavors.

You acknowledge and agree that All The Flavors is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All The Flavors does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not All The Flavors), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. All The Flavors is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.

Acceptable Use Policy

The purpose of the Community is to voluntarily exchange information about ingredients and recipes for products that effect the sense of taste and smell. You expressly agree not to use any part of the Community to:

You are solely responsible for the content of your computer and any transmissions you make when using the Community.

Limitation of Liability

All The Flavors expressly disclaims any and all liability in connection with the Community. In no event shall company, its parent or its subsidiary or affiliated companies or each of their respective officers, directors, employees, or agents (collectively, “released parties”), be liable to any person or entity for any direct, indirect, incidental, special, punitive, or consequential damages, losses costs, or expenses whatsoever, including without limitation, resulting from (i) personal injury or property damage, of any nature whatsoever, (ii) any unauthorized access to or use of the Community, (iii) any interruption or cessation of transmission to, from or via the Community, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the forum by any third party, (v) any errors, mistakes, inaccuracies or omissions in any content or for any loss or damage of any kind incurred as a result of any use of the Community or, (vi) infringement otherwise resulting from the use of the Community, website and applications.

The foregoing limitation of liability shall apply to the fullest extent permitted by law. Notwithstanding the foregoing, if the released parties are found to be liable to you for any damage or loss which arises out of or is in any connected with your use of the forum or any content contained therein, released parties’ liability shall in no event exceed US $40.00.

ALL THE FLAVORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE WEBSITE OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE COMMUNITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ALL THE FLAVORS BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE COMMUNITY, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY PART OF THE COMMUNITY OR IN CONNECTION WITH ANY PART OF THE COMMUNITY, EVEN IF All The Flavors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

In addition to the above, you wholly release All The Flavors LLC, its parent, affiliate companies, agents, officers, and employees from any claims and damages related to this Terms of Use of the ATF Community and in the event that the humble parties are found liable for any damages, their liability shall in no event exceed us $40.00.

Disclaimer of Warranties

Posts on any part of the Community may be edited, moved, deleted or removed at any time and for any reason or no reason and without notice by any All The Flavors employee or representative. All The Flavors is not obligated to provide you with any reason or explanation for any post being edited, moved, deleted or removed. There is no means of appeal for any post or membership that is edited, moved, deleted or removed from the Community. All The Flavors reserves the right to temporarily or permanently withdraw Community membership at any time and for any reason or no reason. All The Flavors is not obligated to provide you with any reason or explanation for any such membership withdrawal.

All The Flavors does not make any warranty or guarantee that any information posted on any part of the Community, whether or not such posting is made by an All The Flavors employee, is accurate, complete or in anyway reliable. Any support issues or questions about All The Flavors should be addressed via All The Flavors’ official customer support provisions and protocols. All The Flavors disclaims any approval or liability related to any comments or user generated content, links, recipes, ingredients or instructions made on the Community by a user or third party. Community Forum posts represent the statements and opinions of the individual third-party users and are not necessarily the opinion of All The Flavors or its employees, partners and affiliates. All The Flavors does not approve or disapprove of any Community Forum post.

THE COMMUNITY AND ALL INFORMATION, USER CONTENT, SERVICES AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF THE COMMUNITY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

All the information on this website is for general information purpose only. All The Flavors LLC not make any warranties about the completeness, reliability and accuracy of this information, including recipes, ingredient calculations, hazardous substances, dangerous practices, legality, or any other information available on the website and in the community of the website.

User Generated Content may not be moderated or reviewed by any competent authority. User Content may contain errors, omissions, or mistakes. Any action you take upon the information you find on this website (alltheflavors.com) is strictly at your own risk. ATF will not be liable for any losses and/or damages in connection with the use of our website, participation in our community, or use of any information found therein.

When using any recipe, tip, DIY instructions, craft, ingredient, calculator, tool, database or community content and all other activities shared on this site, you are doing so at your own risk. All recipes, tips, projects, crafts, calculations, instructions, DIYS are “as-is” with no guarantees or warranties. All The Flavors LLC, assumes no responsibility or liability for any damages as a result from following recipes, tips, crafts, do-it-yourself projects, instructions. If you follow any recipe, craft, tip, DIY, instructions on this website, you do so at your own risk.

Working with chemicals, Flavoring concentrates, Prepping food, cooking, baking, grilling, eating, storing food, smoking, vaping, soapmaking, using small or large appliances, doing crafts, etc., involve numerous inherent risks – sharp tools or knifes, hot surfaces or scalding hot foods or appliances, food borne illness, food poisoning, cross contamination, allergic reactions, lung injury, battery detonation, second hand smoke, poisoning, drowning, etc., along with a number of other inherent risks are involved when doing these activities. When you engage in these activities, you are doing so at your own risk.

Indemnity

You agree to indemnify, defend and hold harmless All The Flavors and its officers, directors, employees, owners, information providers, agents, partners, affiliates, licensees, licensors from and against any and all liabilities, demands, claims, costs, including reasonable attorneys' fees, incurred by the indemnified parties in connection with any demand, claim, action, suit, or loss due to or arising as a result of any breach by you of these Terms of Use or claims arising from your account or arising out of User Generated Content you submit, post, transmit or make available through the Community, your use of the Community, your connection to the Community, your violation of any agreement with ATF, All The Flavors’ Legal Notices and Terms of Use, All The Flavors’ Privacy Policy and these Terms, or your violation of any rights of any third party. You agree to use your best efforts to cooperate with All The Flavors in the defense of any demand, claim, action or suit. All The Flavors reserves the right to assume the exclusive defense of any matter subject to indemnification by you at All The Flavors’ own expense.

All The Flavors Communications

All The Flavors does not offer formal customer support. All The Flavors employees or representatives may post on the Community, but this activity should not be seen as a replacement for the official All The Flavors support procedures and provisions.

All The Flavors has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, move, remove or delete any submissions for any reason or no reason whatsoever and without any notice.

You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any All The Flavors employee. All The Flavors’ provision of the Community should in no way be construed as endorsement or approval of any third-party product, service, comment, position or information that may be mentioned or referred therein or any of the comments or posts made by any individual or third party.

If you provide All The Flavors any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to All The Flavors all rights in the Feedback and agree that All The Flavors shall have the right to use such Feedback and related information in any manner it deems appropriate. All The Flavors will treat any Feedback you provide to All The Flavors as non-confidential and non-proprietary. You agree that you will not submit to All The Flavors any information or ideas that you consider to be confidential or proprietary.

All The Flavors does not guarantee a response to any post on the Community. Specifically, support issues should be addressed via All The Flavors’ official support provisions and protocols. You understand that posts on the Community are addressed to your peers and not All The Flavors and All The Flavors does not guarantee that any support issue will be addressed within the Community.

Personal messaging

All The Flavors may make available, in the sole discretion of ATF, a personal messaging system ("PM System") that will allow such community members to communicate privately with each other. All The Flavors reserves the right to, for any reason or no reason (including if All The Flavors suspects that the PM System is being used to promote any activities that are unlawful, libelous, threatening, etc. or otherwise in violation of breach of the All The Flavors acceptable use policy and/or terms and conditions of use) to read, delete or edit such private messages – without providing notice or any reason – and/or to remove you from and prevent your further use of the PM System. Any use of the PM System that is found to be unlawful, libelous, or in violation or breach of the All The Flavors acceptable use policy and or terms and conditions of use, will see the PM System privileges withdrawn without reason or notice. All The Flavors also reserves the right to take any further action it deems necessary or appropriate.

IP Rights

License

You hereby grant, and you represent and warrant that you have the right to grant, to All The Flavors an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, mix, make, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, SOLELY FOR THE PURPOSES OF INCLUDING YOUR USER CONTENT IN THE ALL THE FLAVORS COMMUNITY.

You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. ALL OTHER RIGHTS TO YOUR USER GENERATED CONTENT IS GOVERNED BY YOUR SELECTION OF A CREATIVE COMMONS LICENSE OR OTHER LICESNSE AGREEMENT WHEN YOU MAKE THAT USER GENERATED CONTENT AVAILABLE TO THE COMMUNITY.

Digital Millennium Copyright Act Notice

All The Flavors respects the intellectual property of others. All The Flavors may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe any copyright, trademark, patent, trade secret or other intellectual property rights of others. If you believe that your work has been copied and is accessible at our web site in a way that constitutes infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

Our agent for notice of claims of copyright infringement on or regarding this web site can be reached as follows: General Counsel, All The Flavors LLC, via electronic mail dmca(at)alltheflavors(dot)com

If you believe that content that you or a third party owns has been used via the Community in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:

Negotiations and Arbitration

No Class Actions

You agree to resolve any disputes related to this Terms and Conditions as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the community at the terms designated, and that your assent is an indispensable consideration to this Terms and conditions of Use.

You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the community:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Modifications

All The Flavors may amend these Terms at any time and from time to time, for any reason or no reason and with or without notice to you. You manifest intent to accept any amended terms if you continue to use any part of the Community after such amended terms have been posted. You may not amend these Terms without the prior written consent of ATF. Further, All The Flavors reserves the right to modify or discontinue all or any part of the Community at any time or from time to time, for any reason or nor reason and with or without notice. All The Flavors shall not be liable to you or any third party should All The Flavors exercise its right to modify or discontinue any part of the Community.

Export Law Assurances

The Community may be subject to United States Export Controls. No Community may be used (i) in or by any resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accepting these Terms and using any part of the Community, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Las Vegas, Nevada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.

If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.