Terms Of Use

This document sets forth the terms on which AISLE AHEAD Inc. dba BigOven (“BigOven” “we” or “us”) makes the BigOven Build API (as defined below) available for use by approved licensees on other approved Web sites and applications. By using the BigOven Build API, you and the organization identified in your application for the BigOven Build API ("you") agree to be bound by the following terms of use ("API Terms of Use").

The legalese below attempts to codify the following common-sense guidelines: (1) Please respect the BigOven.com brand, content, community, servers, and applicable copyrights. (2) We want to foster complementary applications on devices and platforms, but we have a business to run as well, and don't intend to encourage directly competitive offerings. (3) You are permitted to use the data on a transactional basis only; you are not permitted to bulk copy, screenscrape. Any caching or storing is a violation of the Terms of Use without advance written approval. If in doubt, or would like confirmation that your use is fully approved, don't hesitate to reach us at support @ bigoven.com. Thanks!

1. BigOven Build API

The BigOven Build API is BigOven's service that allows approved licensees to retrieve and display certain data ("BigOven Data")

The BigOven Build API consists of an application program interface (API, found at https://bigoven-api-shadow.azurewebsites.net) for retrieving various BigOven Data, grouped generally into calls to retrieve data found on BigOven’s proprietary Recipe service (found at https://shadow.bigoven.com) and BigOven’s affiliated websites.

BigOven may release subsequent versions of the BigOven Build API and require you to obtain and use the most recent version. New versions may not be compatible with previous implementations.

2. License to BigOven Build API & Data

Once you have been approved by BigOven for use of the BigOven Build API (https://bigoven-api-shadow.azurewebsites.net) subject to these Terms of Use, you may access the BigOven Build API, implement the BigOven Build API on your web site(s) and application(s), and distribute BigOven Data only to consumers for their personal use in accordance with the BigOven Build API Branding Requirements as described on https://bigoven-api-shadow.azurewebsites.net.

This license is subject to the following restrictions:

• All calls to the BigOven Build API must reference the APIKEY and your BigOven User ID issued to you as an approved licensee.
• You agree to keep the APIKEY confidential, and not to share it with any third party. This license is personal to you; any third party, even your affiliates, must seek and obtain their own license and APIKEY.
• You may present BigOven Data only on a transactional basis. You are not permitted to store (or "cache") BigOven Data locally unless specifically negotiated and approved in writing by us.
• You agree that you will provide the BigOven Data to users on "as is" terms, with disclaimers substantially equivalent to those set forth in Sections 7 and 8.
• You will not permit your users to access BigOven Data in bulk, only on a transactional basis.
• You may not retain any copies of BigOven Data for more than 30 minutes, and may only cache for short-term (30 minute or less) performance reasons.
• You may not resell or rent BigOven Data, though you can charge for applications which access the BigOven Data on a transactional basis.
• Your license to BigOven Data is limited to making direct server calls to BigOven.com for BigOven Data and to distributing BigOven Data to your end user on your Web site(s) and/or Application(s) immediately upon receipt by your servers.
• You may not present the BigOven Data (or permit BigOven Data to be presented) so that it appears to be available from a third party Web site.
• You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the BigOven Build API or any data provided by BigOven. For example, you may not screen scrape the content or modify / "search and replace" the data that is presented to you. This includes but is not limited to hyperlinks, text, images, logos, copyright messages, and other content -- it must be preserved in full. Feel free to contact us if in doubt, or to request a modified presentation of the data.
• You may not use the BigOven Build APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the BigOven Build API documentation located within https://bigoven-api-shadow.azurewebsites.net, as determined by BigOven in its sole discretion.
• You are limited in call volume based on your tiered level.
• BigOven may approve higher daily call limits if you adhere to these API Terms of Use and pass a BigOven audit and review. Please contact BigOven at support @ bigoven.com for more details.
• You may not use the BigOven Build APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories.
• You may not use the BigOven Build APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with BigOven.com's Terms of Use, Privacy Policy or these Terms of Use.
• You are responsible if any user of your Web site(s) or Application(s) causes you to violate these API Terms of Use.
• If you become aware that any user of your Web site(s) or Application(s) is in material breach of the "API Terms of Use", then you agree to notify BigOven promptly of such breach by e-mail to support@bigoven.com , and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of BigOven, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to BigOven or its licensors, or (b) assign any of your applicable rights to permit BigOven or the applicable licensor to seek such equitable relief.
• Your obligations to report and enforce the API Terms of Use will survive termination of these API Terms of Use or your use of the BigOven Build API.

3. License to BigOven Brand & Links

You agree, and BigOven grants you a non-exclusive license, to implement the BigOven name, logo(s), and links to BigOven.com (the "BigOven Brand & Links") on any Web page incorporating the BigOven Build API and/or BigOven Data, solely in connection with your use of the BigOven Build API and in accordance with the BigOven Branding Requirements.

4. Acceptable Use

You agree not to use the BigOven Build API, BigOven Data, or BigOven Brand & Links in any way that is unlawful, or harms BigOven, its service providers, its suppliers, your end users, or any other person.

5. Limited Relationship

You and BigOven are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the BigOven Build API, you agree not to make any other public statements that assert or imply any other relationship with BigOven, unless you have BigOven's prior written approval.

Neither the name of BigOven nor the names of its contributors may be used to endorse or promote products derived from the BigOven Build API or BigOven Data without specific prior written permission of BigOven.

6. Indemnity

You agree to hold harmless and indemnify AISLE AHEAD Inc.. (makers of BigOven.com), and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the BigOven Build API or BigOven Data, use of BigOven Brand & Links other than as set forth in the BigOven Build API Branding Requirements, violation of these API Terms of Use or other actions connected with use of BigOven services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BigOven will provide you with written notice of such claim, suit or action.

7. No Warranty

BIGOVEN PROVIDES THE BIGOVEN BUILD API, BIGOVEN DATA, AND BIGOVEN BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIGOVEN AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BIGOVEN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

8. LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL BIGOVEN OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF BIGOVEN BUILD API, BIGOVEN DATA, OR BIGOVEN BRAND & LINKS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BIGOVEN OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BIGOVEN BUILD API, BIGOVEN DATA, AND BIGOVEN BRAND & LINKS.

9. Intellectual Property

The BigOven Build API, BigOven Data, and BigOven Brand & Links and all intellectual property rights therein are the property of BigOven and its licensors. © 2007-2019 AISLE AHEAD Inc. All rights reserved.

10. Changes

BigOven reserves the right to change the API Terms of Use, and you are responsible for regularly reviewing these API Terms of Use. Your continued use of the BigOven API and/or BigOven Data after the effective date of such Changes will constitute acceptance of and agreement to any such Changes. BigOven may suspend or discontinue the BigOven Build API at any time to you and/or to others, without notice.

11. Fees and Payments

BigOven reserves the right to charge fees for future use of or access to the BigOven APIs or the BigOven services and Web sites (collectively, "BigOven Build APIs Services") in BigOven's sole discretion. If BigOven decides to charge for the BigOven Build API, such charges will be disclosed to you in advance.

12. Termination

BigOven may change, suspend or discontinue the BigOven Build API and suspend or terminate your use of the BigOven Build API, BigOven Data, and/or BigOven Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the BigOven Build API, BigOven Data, and BigOven Brand & Links, removing implementation of the BigOven Build API from your Web site(s), Application(s) and deleting all copies of the BigOven Data and BigOven Brand & Links.

13. Choice of Law; Disputes

These API Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington, for any and all disputes, claims and actions arising from or in connection with the Services and/or these API Terms of Use. In any dispute arising under these API Terms of Use, the prevailing party will be enTitled to attorneys' fees and expenses.

14. General

You represent that you have the authority to bind the organization (if any) identified in your application for the BigOven Build API. You agree not to export from anywhere any part of the BigOven Build API, BigOven Data, or BigOven Brand & Links provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the BigOven Build API, BigOven Data, or BigOven Brand & Links are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section Titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. BigOven may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your APIKEY to any third party. BigOven's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and BigOven with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and BigOven with respect to the BigOven Build API, BigOven Data, or BigOven Brand & Links.

15. Content

a. Content Accessible Through our APIs

The BigOven Data contains some content submitted by third parties. This content is the sole responsibility of the person that makes it available. It should be understood that BigOven has not reviewed, and cannot review, all material made available by third parties. BigOven may sometimes review content to determine whether it is illegal or violates our policies or terms of use, and we may remove or refuse to display content. Content accessible through BigOven Build API may be subject to third-party intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the BigOven Build API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

b. Submission of Content

The BigOven Build API allows the submission of content. BigOven does not acquire any ownership of any intellectual property rights that you hold in the content that you submit using the BigOven Build API. By submitting, posting or displaying using the BigOven API, you give BigOven a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content for any purpose, commercial or otherwise, including in marketing for BigOven and its affiliates; and you also provide BigOven’s affiliates, licensees, and customers a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to distribute and display such content to consumers for their personal use. Before you submit content through the BigOven Build API, you will ensure that you have all necessary intellectual property rights and any other rights (including the necessary rights from your customers and users) to grant these licenses.

Linking and Branding Guidelines

We require that you adhere to our branding requirements, as follows:

Links

The following output elements must be present, and link to BigOven.com using the standard linking format on your site, with the appropriate links from the API results.

• Recipe from BigOven.com
• Powered by BigOven.com
• BigOven.com Recipes - Join free!

Logos and Branding

Please refer to our Logos and Branding Guidelines.